380362717 Law Of Evidence e Book Lecture Notes PDF Download Studynama com India s Biggest Website for Law Study Material Downloads PDF

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Summary

Despite such rules of evidence as were prevalent in Hindu1
and Muslim
India,2
in the absence of any codified enactment on the subject, the courts
established by royal charter in the presidency towns of Bombay, Calcutta
and Madras began to follow English rules of ev...

Description

Law of Evidence - Study Notes

CONTENTS 1.

INTRODUCTION

1-12 2.

RELEVANCY AND ADMISSIBILITY OF FACTS

13-40 3.

ADMISSIONS AND CONFESSIONS

41-67 4.

DYING DECLARATION

68-77 5.

EXPERT EVIDENCE AND

RELEVANCY OF CHARACTER 78-85 6.

FACTS REQUIRING NO PROOF

AND ORAL/DOCUMENTARY EVIDENCE 86-97 7.

BURDEN OF PROOF AND PRESUMPTIONS

98-111 8.

ESTOPPEL

112-121 9.

WITNESSES

122-137TABLE OF CASES Agassiz v London Tramways

a v State of Bihar

—64 Akhil Kumar (Dr.) v S Amar Chand Buta Awadhesh v S B. Venkat Medica Ba

----121 ---------10 r--------37,38 niversity -— 116 nki Singh----------62 e of H.P.-----------------17 ----------------------------------11

Krishna v N.B. Sugar Mills agbaticharan v Emperor------------53 Bharat Singh's case---------------------62

Bharat Singh v Bhagirath--------------49 Bhola Nath v Emperor------------------39 Bhubonl Sahu v Emperor------------136 Bishwanath Prasad v Dwarka Brfj Kishore v Lakhan Tiwari--------94* C.R.Mehta v State of Maharashtra-------------------------Chandramathi v Fazhetti Balan —109 Chhaganlal Mer Chilukuri Venkateswarlu v Chilukuri Venkatanarayana----------------------109 O.Veerasekaran v State of T.N.—-134 Oflg

—

130 Emperor v Balmukand--------------Emperor v Jagia----------------Emperor v Mallangowda----Emperor v Vaishampaya Fagnu Bhai v State o Fakhruddin v Sta Franji Bhicaji Singh-----

----134

Ganga

------94

Go ----------------72 of Gujarat —73 Hanumant Govind Nargundkar v

-----------------------------5 Kurmi v State of Bihar— 4 Haroon Haji v State of ashtra---------------------------137 phool Singh v State---------------121 Housing Board Cooperative

Society v State-----------------------117 In re, N. Ramaratnam------------------39 Israr Ahmad v State------------------121 Joyjit Das v State of Assam--------114 K. Ramachand Reddy v Public Kaka Singh v State of M.P.-----------72 Kalu Mirza v Emperor-------------------27 Kamla v State of Punjab---------------72 Kannan Singh v State of T.N.------131 Kehar Singh v Delhi Admn.-----------36 Keshoram v State-----------------------Khushal Rao v State of Bombay —7 Kusa v State of Orissa----------Lakhml v Haider------------Lallubhai v State of Guja Laxman Naik v State M.C. Verghese v M.M. Chettl v M.P. Suga

5

Magra Ma

-----34 aur—33 -------»------25 ------------—-87 f India Ltd. v of India Ltd.---------113 ar v Emperor-----------------37 Inayatullah v State of

harashtra------------------------------58

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Muhammad Sharif v Bande Ali —-104 Munic. Corpn. Delhi v Jagan Nath Ashok Kumar------------------------------3 Murari Lai v State of M.P.--------80,82 Muthuswamy v Stated----------------61 Naraindas v Papammal-----------------95 Nishi Kant Jha v State of Bihar —50 Oriental Fire & G Bondili------------------------------------107 Oza v State of Bihar--------------------72 Pakala Narayan Swami v Emperor---------------------------------Palaka Narayana Swami v Emperor —----------------------Palvinder Kaur v State of Pu

v State of Orissa-

—51 IPandurang Jivaji Apt Handra----------Pickard v Sea

12

plyare Lai Prabhu Pre

------58 ab-------6 or-----------57 v Archana --------------------------99 Ml. Wadhawan-------14 v State of Rajasthan------52

maral Islam v S.K. Kanta------34 een Empress v Babu Lai----------54 Queen Empress v Danoghue-------125

Queen-Empress v Abdullah-----------23 R. v Baskerville-------------------------130 R. v Blake & Tye-------------------------38 R. v Chrlstou-------------------------------14 * V LfayV ™-- ---■ rUSlOl

■•••- ■ «»«»*«« | i

R. v Hardy----------------------------------39 R. v Jarvis---------------------------------52 R. v Lester---------------------------------56 R. v Petcherlni----------------------------45 R*/ Pll/a

........................a.......... 79

R. v Sang--------------------------------R. v Sleeman------------------------R.K. Jain v Union of India— 12

tate of A.P.—-

115 R.M. Malkani v State of Maharashtra------------R.S. Madnappa v Cha R.Venkatesan v S Rabisankar v Corpn.----

--115

Ram B

--124

Ra

---------81 v State ---------------------76 Ram Singh--------34 State of -------------------------------131 State of Maharashtra---------72 an Gond v State of Bihar---------70

Ratten v The Queen---------------------17

Ravlnder Singh v State of Haryana---------------------------------131 Re Dannu Singh v Emperor----------71 Reetanjal! Pati v Board of Sec. Education-------------------------------121 Reg v Prabhudas-----------------------27 Rumping v Dir. of Public Prosecutions--------------------------126 S.P. Gupta v Union of India—'------127 Sahoo v State of U.P.-----------------61Samir v State of West Bengal —1051" Santa Singh v State of Punjab-----Sardar Sardul Singh v State of Maharashtra----------------Satbir Singh v State of P Secy, of State v Taty Sethu v Palani--Shahnaz v Dr Sharda Bi of Mah

------71

Sh

--------107 India-------87 jarat ---------•-------------114 ate------------------------54 v State of Punjab--------110 shna v Kurushetra Univ.—121 te of Assam v M. Ahmed-------—73

State of Bihar v P.P. Sharma-------'106

State of Maharashtra v C.K. Jain -123 State of Maharashtra v Md. Yakub -10 State of Punjab v Sukhdev Singh CoHhi...............

......... 197

State of U.P. v Raj Narain— 127,128 State of U.P. v Ravindra Pra Mlttal----------------------------------------5 State v Mani-------------------------------6 Surat Chunder Dey v Gopal Chander Laha--------------------------113 Surendera Prasad v State of Bihar---------------------------------------57 Suresh Chandra Bahri v State of Bihar---------,--------------------Suresh Pal v State of Haryana—

aharashtra —

105 Tarseem Kumar v Delhi

a v K.S.

Subramaniam-----------Union of India v Mok

India v Savita Sharma —

123 Univ. of Mad

Veera Ibrahim v S*".te of 51

Maharashtra-

INTRO

ral laws d into substantive and procedural laws. The laws uties and liabilities are defined are called substantive . (which defines several offences and also lays down the nt for such offences). The laws which prescribe the mode by the application of the substantive law is regulated are called cedural laws e.g. Cr.P.C. The procedural laws can be further divided into two parts : firstly, there are rules dealing with various procedures

to be followed in a court of law. Secondly, there are rules dealing with the mode of the proof of the existence or otherwise of rights, duties and liabilities e.g. Evidence Act. The object of every judicial investigation is enforcement of som or liability which invariably depends upon certain fact evidence is a system of rules for ascertaining the questions of facts in judicial inquiries. The substa defines what facts go to constitute a right or evidence inquire into these facts; it is a proce inter alia, how a fact is to be proved. The law of evidence bears the same re

igation

as logical to the reasoning. Howev

n the free

process of reasoning in the form

iples. The law

of evidence is a.system of r evidence is basically pro of parties. However, law. For example shuts his mou Role of law The ru the

follow. The law of ect substantive right overtones of substantive an defeat a man's right. It m to speak of

his rights.

inal proceedings civil and criminal cases are, in general, proving that a particular person is dead in erson executing the will died or not on a iminal case (a person charged with murder). But, sections of Evidence Act which apply only to the civil s.115 -117 dealing with estoppel) and some only to the

ses (e.g. Ss. 24-30 dealing with confessions).

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2 LAW OF EVIDENCE The method of proving (i.e. burden of proof is on the prosecutio plaintiff) is same in both, but there is a marked difference as effect of evidence (or weight of evidence) in civil and crim There are marked variations in standards of proof in civ cases (discussed later). Law of Evidence in India The word 'evidence' is derived from the Latin which means "to show clearly, to disco

to

prove". The object of rules of evid

urts to

ascertain the truth, to prevent

to avoid

confusion in the minds of judge

the admission

of evidence in excess. Thus,

1872 was passed

with the main object o

in the admission of

evidence by enacting There are three m Evidence mu

e of practice. rlie the law of evidence :-(i) atters in issue. (ii)

Hearsay

evidence (iii)

T

Th

given in all cases. 872 is mainly based on the English law of exhaustive, i.e. it does not purport to contain nce. For the interpretation of the sections of the n look to the relevant English common law. However, annot import any principle of English law which is nt with what is laid down by the Act.

dian Evidence Act is divided into three main parts {Scheme of Act) :

(i)

Relevancy of Facts ( what facts may and may not be proved)

-Sees. 6-55. (ii)

«*

Mode of Proof (how are the relevant facts to be proved, e

-Sees. 56-117. (iii)

Production and Effect of Evidence ( by whom and in wh

must the evidence be produced) - Sees. 118-167. The provisions of the Indian Evidence Act are intende grain from the chaff, and secure for the consider best evidence. Criticism of law of evidence A crucial question is : Does this elab

law of

evidence give any assistance to t

ow far he

ought|NTRODUCTION 3

t0

believe what the wi

is a judge cannot

absolutely rely on the No rule of eviden whether evide •f believe Again, at

the fundamental question of should be believed or not; and rawn from it as to the main fact. not rules of logic - they throw no light equal importance to the one first stated. tificial. The best guide of judge on a question sense and experience of human natU re- A person rules may give a much better answer th^n a judge.

difficulty and abstruseness of the doctrines propounded, are less eager to entertain and the lawyers are diffident to the questions of law of evidence which requires closer and ical study of the provisions of Evidence Act.

It is suggested that the rules of evidence should not b0 pedantic nor should discretion be too wide. Application of the Indian Evidence Act, 1872 The Act applies to all judicial proceedings in or before any including courts-martial (except under the Army Act, Nava Act and Air Force Act), but not to affidavits presented to officer, nor to proceedings before any arbitrator (Sec. The law of evidence is the lex fori which governs witness is competent or not; whether a certa or not; that is to be determined by the l

the

question arises, where the remedy is s

where

the court sits to enforce it. Thus,

aw of the

forum (or court) or the lex fori. For the purposes of the Evid

dicial if it is under

an obligation to take evi

h^ar both sides and

then to formulate a j

scretion. Such an inquiry

is different from

which only discovered facts

have to be re

e no use of discretion, i.e., art

administra The Ac

avits' because the deponent's assertion

of

personal knowledge does not constitute rators have to follow the principles of natural not bound by the law of evidence (Munic. Porpn. h Ashok Kumar MR 1987 SC 2316). Still further", the has no application to enquiries conducted by the even though they may be judicial in character; such ls follows r'ules of natural justice.—1 W OF EVIDENCE

IMPORTANT DEFINITIONS

Evidence1 (Sec.3) "Evidence" means and includes (1)

all statements which the court permits or requires to be m

before it by witnesses, in relation to matters of fact under inquir evidence). (2)

all documents produced for the

inspection

(documentary evidence); This is not a real definition of the term "evide statement of what the term "evidence" inclu implies the state of being evident i.e. plain it is applied to that which tends to ren of a fact. The term 'evidence' me matter or fact is either establis

but e proof he alleged g that makes

the thing in question eviden For example, where the before a fire occurr evidence of it. Pe evidence of t recorded

explosion took place losion and its flash are or heard the noise can give . If the happening of a fact is uman memory, that record is also

an evi Th

includes only two kinds of evidence, i.e., and documents. But this does not mean that other kind of evidence. For example, when the e scene of occurrence and draws a chart of it, that is ce though it is neither an oral statement of a witness nor nt produced by the parties. But in a way it is a document. nfession of an accused person is not evidence in the ordinary se of the term, as defined in this section (as not taken on oath and

not subject to cross-examination) though it has to be given due

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consideration in deciding the case. Similarly, the confession of a coaccused has to be regarded as amounting to evidence in a generarway, because

'whatever

circumstances

is

which

considered

are

by

considered

the by

court

the

court

is

eviden as

w

probabilities do amount to evidence in that generic sense ( Kurmi v State of Bihar, AIR 1964 SC 1184). Similarly, statements of parties when examined o witnesses, material objects other than docum evidence according to the definition given i matters which the court may legitimately c in Sec. 3 is, however, exhaustive in

ven ind of

evidence can ultimately be reduce

of oral or

documentary evidence. 1. Write a short note on 'De [L.C. 1-94/95]f INTRODUCTION 5 Difference be

'proof - The word 'evidence'

includes a

sive of mere argument, which tend

to pro

or fact, the truth of which is submitted

to

of is the establishment of fact in issue by he satisfaction of the...