Indian Evidence

Act, 1872

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 Unit – 1
Understanding the
nature of Law of
Evidence

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Nature of Law of Evidence
Law of Evidence is all about appreciation of facts.

Whole Evidence Act can be summarized as –

 What to prove – Main facts/ Relevant Facts (S.6-55)

 Who? – BOP (S.101)

 How? – through Oral & Documentary Evidence (S.59

-90A)

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Nature of Law of Evidence
Law of Evidence is all about appreciation of facts.

Example 1- Civil Case

•A contract with B.

Example 2 – Criminal Case

•Charge against A is that he murdered B.

Fact in issue (main disputed fact) is to be proved by

relevant facts.
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Ex. Fact In Issue
X killed Y

Relevant Fact –
enmity & accused Relevant Fact –
running away after CCTV Footage
crime
Relevant Fact –
Finger Prints

Relevant Fact -
Relevant Fact – Weapon
Eye Witness

Evidence
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Interpretation clause (Section 3)
Fact - Fact means and includes –
•Things
•State of things - Some students always comes late.
•Relation of things - Parents name mentioned in birth
certificate, DNA.
– Capable of being perceived by senses.
•Any mental condition of which any person is conscious.
– Reputation of person

 Facts
 Physical fact
 Psychological fact

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Interpretation clause (Section 3)
Fact in Issue
•By itself or in connection with other facts -
•Which proves or disproves, the nature and extent of
right, liability or disability of parties are asserted or
denied.

Explanation –Issue of fact (Order 14 Rule 1) - always in

interrogative form.
Fact in Issue – assertive form
Example –
A (tenant) asserted his right and liability of B (landlord).
A says he has right to enjoy premises peacefully. B says I
am not liable.
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Interpretation clause (Section 3)
Relevant Fact
•The facts which are connected with the main facts/Fact
in issue.
•What are the characteristic which makes a particular
fact as ‘Relevant Fact’.
•Fact can be Logically relevant and legally relevant.
•Section 6 – 55 deals with relevant facts.
Example –
•Section 8 - A had quarrel with B. A threatened B and
next day B was killed.

•Section 7 – Arushi Murder case. (blood stains on

mattress)
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Classification of facts
 Fact in issue (Factum Probandum/Probanda)

 Relevant fact (Facta probantia)

Admissibility of facts (S.165, proviso)

•judgement has to be based on the facts which are relevant and

duly proved.

•Irrelevant facts or relevant fact not proved shall not be allowed.

Admissibility of Evidence (Section 136 & 104)

•First relevancy of fact has to be proved.

•Then court will allow evidence of such RF.

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Evidence

•All statements, required or permitted by the Court to be

made before it, in relation to matter of fact;

•All documents including electronic records produced for

inspection of the Court.

•Recording of evidence through video conferencing

– State of Maharashtra v. Dr. Praful B. Desai, AIR

2003 SC 2053

Admissibility of evidence taken through video

conferencing.

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Section 4
•May presume
– Court has discretion to presume or not.
– If presume – presumption is rebuttable
– Section 113-A
•Shall presume
– Court is bound to presume.
– Rebuttal is allowed
– Section 113-B
•Conclusive proof
– Court is bound to presume.
– Rebuttal is not allowed.
– Section 112
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May presume – S.86, 87, 88, 88A, 90, 90A, 107, 108,
113A & 114
Shall presume – S.79 – 85, 113B, 114A
Conclusive proof - S.41, 112, 113

Discretion Bound to Rebuttable

presume

MAY PRESUME YES NO YES

SHALL NO YES YES

PRESUME

CONCLUSIVE NO YES NO
PROOF

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Case laws relating to Section 4

Ques. – Can DNA testing be allowed as a fact to rebut the

conclusive proof of legitimate paternity?

Ans- prior to 2014, it was not allowed.

In Nandlal Wasudeo Badwaik v. Lata Nandlal

Badwaik, AIR 2014 SC 932
– When truth is asserted by scientific evidence, no
presumption has any role to play.
– Section 112 does not create legal fiction but provides
for presumption.
– Distinction between legal fiction and presumption.
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Case laws relating to Section 4

Ques. – Can a person be compelled to give samples of

blood, hairs etc. for the purpose of scientific test?

•Goutam Kundu v. State of West Bengal, 1993 SC.

•Banarasi Das v. Teeku Dutta, 2005 SC
•Bhabani Prasad Jena v. Convener Secretary, Orissa
State Commission for Women and Anr., 2010 SC
•Narayan Dutt Tiwari v. Rohit Shekhar & Anr.,
2012 SC

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Section 5 –
Evidence may be given of existence or non existence of –
•Fact in issue; or
•Relevant fact, and of no other.
•Exception – Section 25, 26, 121 – 131.

Admissibility of fact (S.165, Proviso 1) -

While deciding case, the Court will take into consideration
only those facts which are Relevant and duly proved.

Admissibility of evidence (S.136, Para 2) -

Sequence of relevant fact and its admissibility.
Ex- dying declaration of deceased; giving secondary
evidence.
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Thank You
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