Indian Evidence act 2nd internals

1. Sec-57 of IEA explained about judicial notice fact

2. Execution of a document may be presume if the doc is 30 years old
3. Public document under EA can be proved by certified copy
4. Kinds of estoppel by deed, estoppel by record
5. Sec-60 of EA explains about oral evidence must be direct
6. Contains of electronic records may be proved under sec 65 B of EA
7. Secondary evidence means certified copies or Xerox copies
8. Private document are given under sec 75 of IEA
9. Burden of proof lies on who affirm it or who assert it
10. sec-114(A) is explain about presumption as to absence of consent in rape cases
11. Privilege under sec 121 of EA available to magistrate
12. Dumb witness is given under sec 119
13. Sec 105 of EA is applicable to criminal cases
14. For proving execution of a registered will be necessary to be called at least one
15. Civil death may be presumed if it proved that one has not been heard for a 7 years
16. Dying declaration is exception for hearsay evidence
17. Public documents are mentioned in sec 74
18. In criminal cases, the good character of the accused is relevant.
19. In civil cases the burden of proof shifted to plaintiff or defendant.
20. Hearsay evidence is not best evidence
21. Presumption as to dowry death is contained in sec 113 (B) of IEA.
22. Sec 112 of EA applies when there is a dispute regarding paternity(280days)
23. Doctrine of estoppel is the rule of evidence.
24. Onus probandi means burden of proof
25. Any defects in an instrument is prohibited under sec 93 in the respect of patent ambiguity
Short questions and Answers

1. Public document
A) Section 74 of IEA deals with Public documents: Public documents are prepared by public
servants while discharging their official or public Duty

2. Burden of proof
A) Section 101: “Whoever desires any Court to give judgment as to any legal right or liability
dependent on the existence of facts which he asserts, must prove that those facts exist.
When a person is bound to prove the existence of any fact, it is said that the burden of proof
lies on that person.”

3. Primary evidence
A) Section 62: Primary evidence means the document itself produced for the inspection of the
Court.

4. Electronic signature
A) Section 67A of the Indian Evidence Act, 1872 says that a signatory has to demonstrate that
the electronic Signature belongs to him in case of any dispute related to e-signature on any
document arises

5. Exceptions for hearsay evidence

A) The main circumstances in which hearsay evidence is admissible include
 Res Gestae
 Admissions and confessions
 Dying declarations
 Evidence is given in prior hearings

6. Presumption as to dowry death

A) 113B. Presumption as to dowry death.—When the question is whether a person has
committed the dowry death of a woman and it is shown that soon before her death such
woman has been subjected by such person to cruelty or harassment for, or in connection
with, any demand for dowry, the Court shall presume that such person had caused the
dowry death.

7. Privileged communications
A) A privileged communication is a conversation between two parties that is legally classified as
a private discussion. This discussion is legally protected, and so cannot be disclosed to third
parties. The concept is most commonly associated with a discussion between an attorney
and a client, Husband and wife etc.