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Questions and Answers
What power does the court have under Section 3 of the Indian Evidence Act?
What power does the court have under Section 3 of the Indian Evidence Act?
Under what circumstances can evidence be excluded according to Sections 18 and 19 of the Indian Evidence Act?
Under what circumstances can evidence be excluded according to Sections 18 and 19 of the Indian Evidence Act?
What authority does the judge have concerning immoral or scandalous evidence?
What authority does the judge have concerning immoral or scandalous evidence?
Which aspect of evidence does the Indian Evidence Act establish through presumptions?
Which aspect of evidence does the Indian Evidence Act establish through presumptions?
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What is a key focus when discussing the admissibility of evidence under the Indian Evidence Act?
What is a key focus when discussing the admissibility of evidence under the Indian Evidence Act?
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Who is responsible for proving fraud according to Section 4?
Who is responsible for proving fraud according to Section 4?
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What is the general standard for the prosecution to prove their case?
What is the general standard for the prosecution to prove their case?
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What category does oral evidence fall under according to the Indian Evidence Act?
What category does oral evidence fall under according to the Indian Evidence Act?
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What does real evidence refer to in the context of the Indian Evidence Act?
What does real evidence refer to in the context of the Indian Evidence Act?
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Which type of evidence consists of any fact from which an inference may be drawn regarding the issue?
Which type of evidence consists of any fact from which an inference may be drawn regarding the issue?
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Study Notes
Indian Evidence Act, 1872
The Indian Evidence Act, 1872 is a legal document that governs the rules of evidence in India. This act replaced various local laws and the English common law which were applicable to the pre-existing British colonies. It was enacted so that the government could have a uniform set of rules regarding evidence across its territories. In this article, we will discuss the key provisions of the Indian Evidence Act, specifically focusing on the admissibility of evidence, exclusion of evidence, preservations, burden of proof, and types of evidence.
Admissibility of Evidence
Under Section 3 of the Indian Evidence Act, the court has the power to exclude any evidence from consideration that it believes is irrelevant to the matter being tried. However, if such evidence can be used to cross examine other evidence, it may still be admitted. This provision gives the court considerable power to exclude evidence that would cause undue prejudice or confusion if presented in court.
Exclusion of Evidence
Section 18 and 19 of the Indian Evidence Act outline circumstances under which evidence may be excluded. Evidence is excluded when it is considered immoral, scandalous, offensive, or indecent. If the judge believes that such evidence would have a detrimental effect on the reputation of the accused or any person, they have the authority to exclude it from being presented.
Presumptions
The Indian Evidence Act also establishes various presumptions. For example, Section 4 states that the burden of proving fraud lies with the party who asserts fraud. Similarly, according to provision 20, until proved otherwise, all animal traps are forbidden by law. These presumptions help simplify legal proceedings and reduce the need for extensive investigation into certain aspects of a case.
Burden of Proof
The Indian Evidence Act does not explicitly state rules regarding the burden of proof. However, in general, the prosecution must prove their case beyond reasonable doubt, while the defense only needs to raise a reasonable doubt about the guilt of the defendant.
Types of Evidence
There are different types of evidence recognized by the Indian Evidence Act. These include oral evidence, documentary evidence, real evidence, and circumstantial evidence. Oral evidence is testimony given by witnesses or experts, while documentary evidence includes documents like contracts, invoices, or other written records. Real evidence refers to tangible objects which can be presented as proof, such as weapons used in a crime. Lastly, circumstantial evidence consists of any fact from which an inference may be drawn regarding the issue.
In conclusion, the Indian Evidence Act, 1872 provides a comprehensive framework for the rules of evidence in India. It guides the admissibility and exclusion of evidence, establishes presumptions, outlines the burden of proof, and recognizes various types of evidence.
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Description
Learn about the key provisions of the Indian Evidence Act, 1872, including admissibility of evidence, exclusion of evidence, presumptions, burden of proof, and types of evidence. Explore how this legal document shapes the rules regarding evidence in India.
