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    Evidence CPJ

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    Dharmendra Rai

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    Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 \(AmMibvted 10 Guru Gobind Singh tndraprastha University and Approved by Govt of NCT of Bell & fur Council oF tna) 1 ‘Chanderprabhu Jain College of Higher Studies & School of Law gp Ridam Aggarwal (Assistant Professor) Meaning of Evidence Evidence’ is derived from the Latin term. “Evidence” which means — “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says — (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.” ‘Chanderprabhu Jain College of Higher Studies & School of Law aac Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 ap. ‘(Afmisted Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counel of India) Definitions * Classical exposition of Bentham — “Any matter of fact, the effect or tendency of which is to produce in the mind a persuasion, affirmative or disaffirmive of the existence of some other matter of fact.” (comprehends both physical and psychological facts) * Evidence may bear two meanings or refer to — i) MEANS - that tend to create a belief in the mind of judge; and ii) FINAL BELIEF — actually created in his mind, known as PROOF. * PROOF IS THE END AND EVIDENCE IS THE MEANS TO PROOF. In the Indian Evidence Act,1872, the word ‘Evidence’ is used in the sense of “Means”. Cy ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delli— 110040 \(Afiinted to Guru Gobind Singh Indraprastta University and Approved by Govt of NCT of Delhi & Bar Council of India) Extent & Application of Indian Evidence Act Sec-1 The Indian Evidence Act,1872 came into force on Ist. September, 1872. It applies to the whole of India and also J&K. It applies to all JUDICIAL PROCEEDINGS in or before a court, including court martials under the Army Act,1950, The Navy Act, 1957 and the Air Force Act, 1950. Not applicable to — i) proceedings under The Army Act, The Naval Discipline Act, 1934 and the Air Force Act passed by the British Parliament. ii) Affidavits iii) Arbitration proceedings. The provisions of this Act are not applicable to Departmental Inquiries / Domestic Inquiries/Commissions of Inquiries / Administrative Tribunals. Refer to Court — Judicial Proceedings — Taking of evidence on oath. Cy ‘Chanderprabhu Jain College of Higher Studies & School of Law No. OCE, Sector A-8, Narela, New Delhi ~ 110040 (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Mar Council of India) Evidence and its Relationship with the Substantive and Procedural Laws Sir James Stephen defines Law of Evidence as- “The Law of Evidence is that part of the law of procedure, which with a view to ascertain individual rights & liabilities in individual cases, it decides * What facts may or may not be proved in such case * What sort of evidence must be given to a fact which may be proved and * By whom and in what manner the evidence must be given by which any fact is proved.” BCP] ‘Chanderprabhu Jain College of Higher Studies & School of Law apy) Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 ‘Affiiated to Guru Gobind Singh Indraprastha Universityand Approved by Govt of NCT of Deihi& Bar Counc of tndia) Evidence and its Relationship with the Substantive and Procedural Laws Cont. Law of Evidence deals with modes of Leading Evidence as well as regulating that evidence of which fact can be given in court. The main object of the law of evidence is to assist the court in judging what facts are relevant to ascertain the truth and to avoid the confusion and how such relevant facts will be proved in courts by lawfully leading the evidence. . ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC?) Plot No, OCE, Sector A-8, Narela, New Delhi— 110049 (Atfiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Counc of India) Evidence and its Relationship with the Substantive and Procedural Laws Cont. Laws may be divided into “Substantive” And “Procedural”. The laws which defines rights, duties & liabilities are called “Substantive Laws”. For example, IPC. The laws which prescribes the mode or procedure by which application of substantive laws is regulated are called “Procedural BCP] ytighderprabhu Jain College of Higher Studies & School of Law apy) Plot No, OCE, Sector A-8, Narela, New Delhi— 110040 Govt of NCT of Delt & Bar Council of tada) \(Atfiiated 10 Guru Gobind Singh tndraprastha University Conclusion Law of Evidence is a Procedural Law. Evidence Act does not define rights & liabilities under the law but only prescribe the mode by which rights or liabilities of parties is curtained. Therefore, it is a Procedural Law which helps in the implementation of Substantive Law. ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Delhi — 110040 (Atfiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Council of India) e apy.) Plot No, OCE, Sector A-8, Narela, New Delhi — 110040 SPE! camiiatec co Guru Gobind Singh Indeapeastha University and Approved by Govt of NCT of Dei & Bar Council of tala) BBcP] ‘Chanderprabhu Jain College of Higher Studies & School of Law Fact FACT means and includes — i) Any thing, state of things or relation of things capable of being perceived by the senses called as Physical Facts. ii) Any mental condition of which any person is conscious called as Psychological facts. Fact may be divided into — i) Fact in issue (FACTUM PROBANDUM) and ii) Relevant Fact (FACTUMPROBANS) or Evidentiary Fact ‘ ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCF, Sector A-8, Narela, New Dethi— 110040 (Attiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Council of India) Fact * ‘Fact’ means an existing thing. * Physical & Psychological Facts — A horse, a man are physical facts. * Psychological Facts -— The sensation or recollection of which man is conscious, his desires, his intentions in doing a particular act etc. * Positive Facts — Existence of certain state of things * Negative Facts — Non existence of it. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plo CF, Sector A-8, Narela, New Delhi 110049 FF) anmusteaio cura Gobind Singh indraprasta Universityand Approved by Govt of NCT of Del & Bar Counel of india) Fact in Issue A is a cashier in a factory. It is his duty to bring money from bank & distribute it to the laborers. A case under Sec. 409, IPC of Criminal Breach of Trust has been filed against him. The case against him is that he brought Rs. 25,000 from the bank & misappropriated Rs. 13,000 out of it. A says in his defense that he brought the case from the bank and as he was to go on leave that day, he, according to the direction of the Manager of the Company, hander over Rs. 25,000 to B, Assistant Cashier. Chanderprabhu dain College 4 of oma Studies & School of Law 040 feb Bar Coecl of ae) Relevant Fact * It is a subjective concept. * One fact is said to be relevant to other when it is connected with the other in such a manner as provided in the sections of relevancy in the act, ie., S.6 to 55. * A fact cannot be relevant in isolation. It has to be in connection with the other. It cannot exist alone. gacp ‘Chanderprabhu Jain College of Higher Studies & School of Law ap. Plot No. OCF, Sector A-8, Narela, New Delli— 110040 SSS (Amtiated to Guru Gobind Singh Indraprastha University ane! Approved by Govt of NCT of Dell & Bar Council of India) Relevant Fact — Examples * Mere watch is not a fact but a watch in possession of a person is a relevant fact. « “A & B had a quarrel and next day, B was found dead” — In this case, the quarrel between A & B is a relevant fact u/s 8 of the act as it constitutes the Motive of killing of B by A. * In Arushi Murder Case, the fact that her vagina was cleaned with water is a relevant fact that either she was sexually active or she was raped. ‘ ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCF, Sectar A-8, Narela, New Dethi— 110040 (Attiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Council of India) Evidence Proved * A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. + Eg: A was found in possession of the murder weapon. In this case , a prudent man ought to act upon the supposition that exists. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 Lie ‘Asmsted to Goru Gobind Singh tndeaprastha University and Approved by Gont of NCT of Delhl & Bar Counel of tna) Evidence Disproved * A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non- existence so probable that a prudent man ought, under the circumstances ofthe particular case, to act upon the supposition that it does not exist. * Eg: A had an argument with B. Later, B was found dead. Here, A was able to prove that he was not at the place of murder as he proved he was out of India. Here, this fact has been disproved. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 Lie ‘asmsted to Goru Gobind Singh tndeaprastha University and Approved by Gont of NCT of Delhl & Bar Counel of tna) Not Proved + A fact is said not to be proved when it is neither proved nor disproved. * Here, the fact is in between, ie., the status of the fact is not decided. It has not been categorized between proved or disproved. It is yet to be divided in a particular category. * Eg: There were fingerprints on the murder weapon but it has still not been established to whom does those fingerprints belong. Here, it is in the category of Not Proved. * Chanderprabhu Jain College of Higher Studies & School of Law BCP] Plot No. OCE, Sector A-8, Narela, New Delhi— 110040 ‘Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Evidence The word “Evidence” has been derived from the Latin word, ‘evidence’ which implies to show distinctly to make clear to view or sight, to discover clearly, to make plainly certain, to certain, to ascertain, to prove. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No, OCE, Sector A-8, Narela, New Delhi — 110040 Pe ‘aimiatea to Guru Gobind Singh indeaprasia University and Approved by Govt at NCT of Delhi & Bar Council of tala) Oral Evidence * All statements which the Court permits or requires to be made before it by witness, in relation to matters of act under inquiry; such statements are called Oral Evidence. * Oral Evidence is that evidence which the victim has personally seen or heard. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 Pp ‘Asmisted to Goru Gobind Singh tndeaprastha University and Approved by Goxt of NCT of Delhl & Bar Counell of tna) Documentary Evidence + All documents produced for the inspection of the Court; such documents are called Documentary Evidence. * It has to be ina written form. * It can be any kind of document which is relevant to the matter in question in the court of law. ‘ ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCE, Sectar A-8, Narela, New Dethi— 110040 (Attiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Council of India) Proved * Sec. 3 — Proved — A fact is said to be proved when, after considering the matter before it, the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. cr ‘Chanderprabhu Jain College of Higher Studies & School of Law py) Plot No. OCF, Seetar A-8, Narela, New Dethi— 110040 {ffliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of Indi) Proved * Proof — It must mean such evidence as would induce a reasonable man to come to the conclusion — Bhano V. Babu Singh, 1998 Cr. LJ 4768(Raj), Facts must be proved by the best evidence available. * Proof beyond reasonable doubt does not mean perfect proof, which may sound artificial. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 Lie ‘Asmsted to Goru Gobind Singh tndeaprastha University and Approved by Govt of NCT of Delhl & Bar Counell of tna) Proved Letters of a married woman to her father apprehending danger. Mass killing by Mob — Overt Act — Participation in Crime. Medical opinion about husband conduct towards wife dying burns. He tried to hold her by his hands & prevented her from going out of room. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBC ] Plot No. OCE, Sector A-8, Narela, New Delhi — 110040 en) ammatca vo Guru Gobind Singh ledrapratha University and Approved by Govt of NCT of Del & ar Council of aca) Plot No, OCE, Sector A-8, Narela, New Delhi— 110040 = (Atmiated 10 Guru Gobind Singh Indraprastta University and Approved by Govt of NCT of Delhi & Bar Council of India) BBCP} ‘Chanderprabhu Jain College of Higher Studies & School of Law Logical Relevancy * ‘Logical Relevancy’ means a __ logical connection between the two facts. * For eg: In Santosh Singh case, the fact that the helmet had a visor in the morning & it was missing in the evening & the fact that pieces of visor were found on the spot & apparently the victim had been hit with a heavy object show a logical connection with the causation of death. = ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 (Atfiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Legal Relevancy * When a logically relevant fact can be recognized as legally relevant, it is called “Legal Relevancy’. * The Indian Evidence Act in various sections such as S.6 to 55 identifies various logical relevant facts & puts them under these sections. ‘Chanderprabhu Jain College of Higher Studies & School of Law - 9) Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 ae. ‘Asta to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Dei & Bar Council of India) Nexus between Logical Relevancy & Legal Relevancy * Every legally relevant fact in the act is also logically relevant but theoretically, it can be said that every logically relevant fact may not be legally relevant. * Only those logical facts which are covered under Section 6 to 55 can be called Legally Relevant. . ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCF, Sector A-8, Narela, New Delhi — 110040 (Atfiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Rar Council of India) Admissibility * §S. 165 (Proviso 1) - Judge's power to put questions or order production * §. 5 - Evidence may be given of facts in issue and relevant facts. * S. 155 - Impeaching credit of witness. * S. 136 - Judge to decide as to a,dmissibility of evidence. * S. 104 - Burden of proving fact to be proved to make evidence-' admissible. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 BF) cannmstea to Guru Gobind Singh tndeaprastha University and Approved by Govt of NCT of Delhi & Bar Counel of tna) Reliability * Reliability of Evidences is a process where it is seen if an evidence given to prove a relevant fact is sufficient to the satisfaction of the court. * There is no mechanism given as such to prove it but various other provisions assist in this such as — Cross Examination — Confession — Contradiction — Re-examination — Examination-in-chief ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 BF) casnstea to Guru Gobind Singh tndeaprastha University and Approved by Govt of NCT of Delhl & Bar Counel of tna) Alibi * The plea of absence of a person, charged with an offence, from the place of occurrence at the time of the commission of the offence is called ‘Plea of Alibi’. Rajinder Singh V. State of U.P. [AIR 2007 SC 2791] —No finding of plea of alibi can be recorded by the High Court for the first time in a position -S. 161, CrP.C. — statement recorded — inadmissible. . és ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 / (Ammuistea to Guru Gobind Singh tndraprastha University and Approved by Govt of NCT of Delhi & Bar Counell of tndia) Case Law Binay Kumar & Others V. State of Bihar (AIR 1997 SC 321) * It was held by Supreme Court that it is basic law in the criminal case in which the accused is alleged to have inflicted physical injury to another person. The burden of proof is on prosecution to prove that the accused was present at the scene and has anticipated in the crime. ‘Chanderprabhu Jain College of Higher Studies & School of Law BBCP] Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 ae. ‘Aste to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Dei & Bar Counel of India) ‘Chanderprabhu Jain College of Higher Studies & School of Law iB Plot No. OCE, Sector A-8, Narela, New Delhi — 110040 SPS (Attiated t0 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Deihi & Bar Council of India) Meaning * The term 'Res' is a Latin word which means "thing" and the expression "Res Gestae" literally which means “the thing done, a subject matter, a transaction or essential circumstances surrounding the subject". * In the law of evidence, it means things done including words spoken, forming part of the same transaction. + There is a fact story behind every case before the court of law. In (fact story) contains certain acts, omissions or statements, which are not in issue but are capable of throwing some light on the nature of the transaction revealing its true quality and character, * Such acts, omissions, or statements from part of the same transaction in issue and are allowed to be proved. Chanderprabhu Jain College of Hi her! Studies & School of Law BBCP] Plot No. — 110040 (Atmiinted to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counci of fridi) Definition of Res Gestae Halsbury defines 'Res gaste' as "Facts which form part of the res gestae and are consequently provable as facts relevant to the issue ; include acts , declarations and incidents which themselves constitute or accompany and explain the facts or transaction in issue. larg Chanderprabhu Jain College of Higher Studies & School of Law ap Py » Plot No. OCH Sethe AstsMareey New Dethi— 110040 (Aifitiated to Guru Gobind Singh Indraprastha University.and Approved by Govt of NCT of Delhi & Bar Council of India) Section 6 . S. 6 embodies the rule of Admission of Evidence know as Res gestae. This phrase means simply a transaction, thing done, subject matter Res gestae of any case properly consist of that portion of actual happening of the world out of the rights or liability, complained or asserted in the proceeding, necessarily, arise + This phrase has been used in two senses. a) In the restricted senses it means world's happening out of which the right or liability in question arises. In restricted meaning Res gestae imports the conception of action by some person producing the effects for which the liability is sought to be enforced an action. b) In the wider sense it covers all the probative facts by which res gestae are reproduced to the tribunal where the Direct Evidence of witness or perception by the Court are unattainable. Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 igh Indraprastha University and Approved by Gi T af Delhi & Bar Councit of india) (Aifitisted to Guru Gobi Section 7 Facts which are the occasion, cause or effect of facts in issue Facts which are the occasion, cause, or effect, immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. c| Chanderprabhu Jain College of Higher Studies & School of Law BpCP] Plot No. Sector A-8, Narela, New Delhi ~ 110040 (Atttiated to Guru Gobind Singh Ine ‘and Approved by Govt of NCT of Dethi & Bar Council of India) Section 8 Motive, preparation and previous or subsequent conduct * Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. * The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact ins issue or relevant fact, and whether it was previous or subsequent thereto. 35, Chanderprabhu Jain College of Higher Studies & School of Law BaCP] Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 {Attitiated ts Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counell af India) Section 8 Cont. * Explanation 1- The work "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements, but this explanation is not to affect the relevancy of statements under any other section of this Act. + Explanation 2— When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct is relevant. 5 Chanderprabhu Jain College of Higher Studies & School of Law BaCP] Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 {Attitiated ts Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counetl of India) Case Laws + Supreme Court in Punjabrao v. D P Meshram, AIR 1965 SC 1179, held that the Evidence of the conversion of a member of Scheduled Caste to Buddhism may be Corroborated by the Evidence of his conduct subsequent to his conversion. In Pershadi v. State , AIR 1957 SC 211, held that in a case of murder soon after the murder the accused who had earlier held out of a threat to the victim told the father of the victim that he had a hand in this appearance of the accused, is Admissible u/s. 6 of the Indian Evidence Act. + Supreme Court in Chander Kala v. Ram Kishan, AIR SC 1268, held that when the complainant narrated the incident to the relative of the deceased and he deposed to that effect in Court, such Evidence is Admissible in Evidence. BacP] Chanderprabhu Jain College of Higher Studies & School of Law apy Plot No. OCE, Sector A-8, Narela, New Delhi- 110040 (Asmiisted to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delki& Har Counci of tridi) Case Laws Cont. + In state of Andhra Pradesh v. Panna Satyanarayan, AIR 2000 SC 2138 , held that when the accused murdered his wife and daughter, the statement by the father of the deceased wife that father of the accused told him on telephone that his son has killed the deceased. Absence of a finding as to whatever information given by accused's father to the deceased's father that the accused had killed the deceased was either of the time of commission of the crime or immediately thereafter, So as to form the part of the same transaction, the statement cannot be considered as relevant ws. 6. BBCP] Chanderprabhu Jain College of Higher Studies & School of Law apy Plot No. OCE, Sector A-8, Narela, New Delhi 110040 (Asmiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Belki& Har Counci of di) ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCE, Sector A-8, Narela, New Delhi— 110040 (Attiiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Deli & Bar Council of India) Test Identification Parade * The identification of an accused either in test identification parade or in Court is not a sine qua non in every case if from the circumstances the quilt is otherwise established. « Many a times crimes are committed under the cover of darkness when non is able to identify the accused. Chanderprabhu Jain College of Higher Studies & School of Law BBC Py Plot No. OCE, Sector A-8, Narela, New Delhi— 110040 (Aifitiated to Guru Gobind Singh Indraprastha University.and Approved by Govt of NCT of Delhi & Bar Council of India) Test Identification Parade * Mulla v. State of UP (2010) 3 SCC 508 “The identification parades are not primarily meant for the court. They are meant for investigation purposes.” * There are two purposes namely,: — Enable Witnesses to satisfy themselves that the accused whom they suspect is really the one who was seen by them in connection with the commission of crime. — Investigation Authority — Suspect is a real person. Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 (Alfitated to Guru Gobind Singh Indraprastha University and Approved ly Govt of NCT of Delhi & Bar Counell of India) BBC?) Chanderprabhu Jain College of Higher Studies & School of Law pe Case Law Rajesh Govind Jagesha v. State of Maharashtra AIR 2000 SC 160: 2000 Cr LJ 380 (SC) — If the Test Identification Parade regarding accused was not conducted properly and suffered from unexplained delay, he is entitled to benefit of doubt. Chanderprabhu Jain College of Higher Studies & School of Law BRC?) et No. OCF, Sector A-8, Narela, NG ee Del ape 110040 (Asmiiated w ind Singh nuraprastha Universityand Approved by Govt of NCT of Debi & Har Council of india) Case Law Mullagiri Vajiram v. State of Andhra Pradesh AIR 1993 SC 1243 When conviction was based on evidence of an eye witness and not on identification parade, it cannot be set aside on the ground that identification was not reliable. Chanderprabhu Jain College of High Stu =H & School of Law 11004 {of NCT of Delhi & Bar Councit of India) S502 (Asta to Guru Gobind Sogh Inraprattha Unters aad Apres Case Law Raj Nath y. State of Uttar Pradesh 1988 Cr. LJ 422: AIR 1988 SC 345 — If there is unexplained and unreasonable delay in putting up the accused persons for a test identification, the delay by itself detracts from the credibility of the test. Chanderprabhu Jain College of Higher Studies & School of Law BRC?) Pee ee eee r at ag Mare NEM tll a Coun ame (Affiliated to Guru Gobind Singh Indraprastha University and Approved by Gavt of NCT of Delhi & Bar Coun of India) Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 “SP (Amtitiated to Guru Gobind Singh Inuraprastha University and Approved by Govt of NCT of Delhi & Bar Council of tai) BBCP] ‘Chanderprabhu Jain College of Higher Studies & School of Law Role of Conspirator Section 10 : Things said or done by conspirator in reference to common design Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Plot No. OCE, Sector A-8, Narela, New Delhi — 110040 {Alttiated ta Gatu Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counell of inlay BBCP] Chanderprabhu Jain College of Higher Studies & School of Law Section 11 Section 11 - When facts not otherwise relevant become relevant Facts not otherwise relevant are relevant- (1) If they are inconsistent with any fact is issue or relevant fact; (2) If by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable Plot No. OCF, Sector A-8, Narela, New Delhi - 110040 (Atftiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counetl of India) Ber) Chanderprabhu Jain College of Higher Studies & School of Law Illustration — Section 11 The question is, whether A committed a crime at Calcutta on a certain day. — The fact that, on that day, A was at Lahore is relevant. — The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed. Which would render it highly improbable, though not impossible, that he committed it, is relevant. BBCP] Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi ~ 110040 (Atftiated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counetl of India) Case Law State of Maharashtra v. Damu Gopinath Shinde AIR 2000 SC 1671 — There was no doubt that there was reasonable ground to believe that four of the accused conspirators had conspired to commit the offence of abduction and murder of children involved in the case. — Accused had spoken to each other in reference to common intention. BBCP] Chanderprabhu Jain College of Higher Studies & School of Law Plot No. OCF, Sector A-8, Narela, New Delhi - 110040 (Atftiated ta Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Counetl of India) Case Law Bhagwandas vy. State of Maharashtra AIR 1974 SC 878 —Anything written by a conspirator will not be admissible against him or others if it is not done in reference to the common intention of the conspiracy. Bo, Chanderprabhu Jain College of Higher Studies & School of Law BaCP] Plot No, OCF Sector A-8, Narelay New Delhi 110040 3 (Altiated to Gura Gabind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Har Council of India) Plot No, OCE, Sector A-8, Narela, New Delhi— 110040 SESS AMiated to Guru Gobind Singh tndraprastha University and Approved by Govt of NCT of Delhi & Bar Council of tndiay BBCP] ‘Chanderprabhu Jain College of Higher Studies & School of Law Introduction + Admission plays a very important part in judicial proceedings. If one party to a suit orany other proceeding proves that the other party has admitted his case; the work of the court becomes easier. + An Admission may be proved by or on behalf of the person making it under certain exceptional circumstances. The Evidence Act, Sections 17 to 23 deals with the Admissions. * The expression ‘Admission’ means "Voluntarily acknowledgment of the existence or truth ofa particular fact". But In the Evidence Act, the term ‘Admission’ has not been used in this wider sense. It deals with admissions by statements only oral or written of contained in an electronic form. Admission plays a very important role in judicial proceedings. If one party to the suit or any other proceeding proves that the other party has admitted his case, the work of court becomes easier. An Admission must be clear, precise and ttot vague or ambiguous. Plot No, OCF, Sector A-8, Narela, New Dethi— 110040 == (Altitiited 10 Guru Gobind Singh Indlraprastha University ane) Approved hy Gost of NCT of Delhi & thir Council of tia) BECP ‘Chanderprabhu Jain College of Higher Studies & School of Law Definition of Admission + According to 17 of Indian Evidence Act, "An admission is a statement, oral or documentary or [contained in electronic form (Amendment w.c.f. 17/10/2000)] which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned.” + There are three parts of the definition: I)It defines term "admission* 2) It says that an admission will be relevant only if it is made by any of the person specified in the Act. 3) "Admission" is Relevant only in the circumstances mentioned in the Act. Py ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Delhi— 110040 (AMfilated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Features of Admission To constitute admission, the following characteristics are to be present as per definition stated above. 1) It may be oral or documentary 2) It is a statement to suggest any inference to any fact in issue or relevant fact. 3)lt must be made by any person prescribed under the Act; and 4) [t must be made under the circumstance prescribed under the Act. BECP] Chanderprabhu Jain College of Higher Studies & School of Law Spy.) Mot =—-No, = «OCR, Sector = AB, Narela, «= New = Delhi, = — 0040 Alfiiated to Gurw Gobind Singh tndraprastha University and Approved by Govt of NCT of Diethl & Bar Counell af Yndia) Features of Admission Cont. The admission must be clear and unambiguous. The admission is admissible because of the following reasons: a) Admission as a waiver of proof; b) Admission as a statement against interest; c) Admission as evidence of contradictory statement; d) Admission as evidence of truth. Admission is the best substantive evidence that an opposite party can rely upon. PJ ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 (AMfilated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of india) Nature of Admissions The statements made by parties during judicial proceeding are ‘self regarding statements’. The self regarding statements may be classified under two heads - i)Self-serving statements; and ii)Self-harming statements. i) Self-serving Statements - Self-serving statements are those, which serve, promote or advance the interest of the person making it. Hence they are not allowed to be proved. They enable to create evidence for themselves. ii) Self-harming - Self-harming statements are those which harm or prejudice or injure the interest of the person making it. These self-harming statements all technically known as “Admissions” and are allowed to be proved. ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCF, Sector A-8, Narela, New Dethi— 110040 (Affilated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Who can make Admission? (S. 18 to 20) An Admission is relevant if it is made by: 1) A party to the proceeding: 2) An agent authorized by such party, 3) A party suing or being sued in a representative character making admission while holding such character. 4) A person who has a proprietary or pecuniary interest in the subject matter of the suit during the continuance of such interest. BBCP] ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 ‘Attisted 10 Gora Gobind Singh fndiraprastha University and Approved by Gost of NCT of Delhi & thar Council of india) Who can make Admission? (S. 18 to 20) Cont. 5) A person from whom the parties to the suit have derived their interest in the subject matter of the suit during the continuance of such interest. (Section 18) 6) A person whose position it is necessary to prove in a suit, if such statements would be relevant in a suit brought by against himself (Section 19.) 7) A person to whom a party to the suit has expressly referred for information in reference to a matter in Dispute (Section 20.) ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Delhi— 110040 (AMfilated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Py Proof of admission against persons making them, and by or on their behalf (Section 21) Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they can not be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases. (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead it would be relevant as between the third person under section 32. ‘Chanderprabhu Jain College of Higher Studies & School of Law amor Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 —— (Aifitiated to Guru Gobind Singh Indraprastha University andl Approved by Govt of NCT of Delhi & Bur Council of India) Proof of admission against persons making them, and by or on their behalf (Section 21) Cont. + (2) An admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable. (3) An admission may be proved by or on behalf of the person making it if it is relevant otherwise than as an admission. SCp ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Dethi— 110040 (AMfiiated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & ar Council of India) Illustrations (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. ‘A may prove a statement by B that the deed is genuine, and B may prove a statement by A that the deed is forged; but A cannot prove a statement by himself that the deed is genuine nor con B Prove a statement by himself that the deed is Forged. (b) ‘A’ the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statement, because they would be admissible between third parties, if he were dead under Section 32, Clause (2). ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCE, Sector A-8, Narela, New Delhi — 110040 (AMfiiated 10 Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of india) Py Illustrations Cont. Cc) A is accused of a crime committed by him at Calcutta. He produces a letter written by him and dated at Lahore on that day, and bearing the Lahore post-mark of that day. The statement in the date of the letter is admissible, because if A were dead it would be admissible under Section 32, Clause (2). (d) A is accused of receiving stolen goods knowing them to be stolen. He officers to prove that he refused to sell them below their value. A may prove these statements though they are admissions, because they are explanatory of conduct influenced by facts in issue. fe) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit. He offers to prove that he asked a skillful person to examine the coins as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine, ‘A may prove these facts for the reasons stated in the last proceeding illustration ‘Chanderprabhu Jain College of Higher Studies & School of Law Py Plot No. OCE, Sector A-8, Nareln, New Delisi— 110040 \Ahiinted (0 Guru Gobind Singh edraprastha University and Approved by Govt of NCT of Belt & fir Cowncil oF tna) When oral admission as to contents of documents are relevant (Section 22) ns as to the contents of a document are not relevant unless and until the party proposing them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. SaCp ‘Chanderprabhu Jain College of Higher Studies & School of Law Plot No, OCF, Sector A-8, Narela, New Dethi— 110040 <= (AtMitiated 10 Guru Gobind Singh Indraprastha University andl Approved by Govt of NCT of Delhi & Bar Council of India) When oral admissions as to contents of electronic records are relevant Section (22A) When oral admissions as to contents of electronic records are relevant—Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question. [Inserted by the Information Technology Act, 2000, w.e.f. 17-10-2000.) ‘Chanderprabhu Jain College of Higher Studies & School of Law P] Plot No. OCF, Sector A-8, Narela, New Delhi— 110040 (Afttiated 19 Guru Gobind Singh Indraprastha University dnd Approved by Govt of NCT of Delhi & Bar Counc f India) Case Law A Ramaiah V. State of A.P. (1997 SC 496) In this case, Supreme Court held that the statement in FIR furnished by one of the accused cannot be used against another accused unless its makers offered himself as a witness in the trial. It has very limited use of it as evidence under Section 21 of the Act against its maker alone unless the admission does not amount confession. =e ‘Chanderprabhu Jain College of Higher Studies & School of Law ap Plot No, OCF, Sector A-8, Narela, New Delhi— 110040 “== (Affiliated w Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India) Plot No, OCF, Sector A-8, Narela, New Delhi— 110040

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