Podcast
Questions and Answers
What is defined as a 'document' according to the law?
What is defined as a 'document' according to the law?
- Any written communication.
- Any record on a physical substance.
- Any electronic or digital record.
- Any matter recorded through any means. (correct)
Which of the following is NOT considered a 'document'?
Which of the following is NOT considered a 'document'?
- A scanned photograph.
- A spoken conversation. (correct)
- A page in a book.
- An audio message stored on a smartphone.
Which type of evidence is referred to as 'documentary evidence'?
Which type of evidence is referred to as 'documentary evidence'?
- Documents used for inspection by the court. (correct)
- Testimony from character witnesses.
- Witness statements given verbally.
- All physical items presented in court.
What constitutes 'oral evidence' in a court of law?
What constitutes 'oral evidence' in a court of law?
What does the term 'fact' refer to in the legal context?
What does the term 'fact' refer to in the legal context?
Which of the following is an example of a 'document'?
Which of the following is an example of a 'document'?
Which example denotes 'evidence' in legal terms?
Which example denotes 'evidence' in legal terms?
How is 'electronic record' categorized under legal definitions?
How is 'electronic record' categorized under legal definitions?
What does an admission suggest in legal context?
What does an admission suggest in legal context?
In what form can an admission be made?
In what form can an admission be made?
What is the nature of an admission according to the law?
What is the nature of an admission according to the law?
Which statement regarding admissions is correct?
Which statement regarding admissions is correct?
What happens if an admission is made by counsel?
What happens if an admission is made by counsel?
What establishes the relevance of a letter's receipt?
What establishes the relevance of a letter's receipt?
What legal principle relates to the non-conclusiveness of admissions?
What legal principle relates to the non-conclusiveness of admissions?
Which of the following is true about the postal rule regarding letters?
Which of the following is true about the postal rule regarding letters?
What does A's action of running away after C mentioned the police imply about A's involvement in the robbery of B?
What does A's action of running away after C mentioned the police imply about A's involvement in the robbery of B?
Which statement about A's debt to B is considered a relevant fact?
Which statement about A's debt to B is considered a relevant fact?
In the context of A being accused of a crime, what does A's possession of potentially stolen property indicate?
In the context of A being accused of a crime, what does A's possession of potentially stolen property indicate?
Why is A's complaint shortly after the alleged rape significant?
Why is A's complaint shortly after the alleged rape significant?
What makes A's statement of being raped less relevant compared to a formal complaint?
What makes A's statement of being raped less relevant compared to a formal complaint?
Consider the fact that A absconded after receiving a warning letter. What could this imply?
Consider the fact that A absconded after receiving a warning letter. What could this imply?
What action by A would be considered relevant following the allegation of robbery?
What action by A would be considered relevant following the allegation of robbery?
Which of the following indicates a potential cover-up by A regarding a crime?
Which of the following indicates a potential cover-up by A regarding a crime?
Which statement is true regarding the term 'police officer'?
Which statement is true regarding the term 'police officer'?
In a joint trial, how may a confession made by one accused affect the others?
In a joint trial, how may a confession made by one accused affect the others?
What does the term 'offence' include according to the explanation provided?
What does the term 'offence' include according to the explanation provided?
What happens if an accused person absconds during a trial?
What happens if an accused person absconds during a trial?
Which of the following is a correct illustration of how confessions can be considered in court?
Which of the following is a correct illustration of how confessions can be considered in court?
What is the role of Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a joint trial?
What is the role of Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a joint trial?
In which scenario can a confession not be considered against another accused?
In which scenario can a confession not be considered against another accused?
What is indicated about the definition of 'police officer' in the provided content?
What is indicated about the definition of 'police officer' in the provided content?
What is the main purpose of a Test Identification Parade?
What is the main purpose of a Test Identification Parade?
Which statement accurately describes the evidentiary value of Test Identification?
Which statement accurately describes the evidentiary value of Test Identification?
Under what condition is the validity of the identification not affected?
Under what condition is the validity of the identification not affected?
What does the evidence of test identification primarily corroborate?
What does the evidence of test identification primarily corroborate?
What aspect are the cries of the mob in A's case relevant to?
What aspect are the cries of the mob in A's case relevant to?
What might affect the validity of a Test Identification Parade?
What might affect the validity of a Test Identification Parade?
What should not impact the identification process according to Mohd.Kalam v.State of Rajasthan?
What should not impact the identification process according to Mohd.Kalam v.State of Rajasthan?
What is a key requirement for the witness's identification during a Test Identification Parade?
What is a key requirement for the witness's identification during a Test Identification Parade?
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Study Notes
Definition of Documents
- A "document" refers to any matter expressed or described in letters, figures, or other marks, recorded on any substance.
- It encompasses electronic and digital records, including emails, server logs, and digital messages.
- Examples of documents include writings, maps, photographs, inscriptions, and electronic records.
Understanding Evidence
- "Evidence" includes all statements made by witnesses, called oral evidence, and all documents presented in court, termed documentary evidence.
- Both types of evidence can be provided electronically or in digital form.
Concept of Fact
- A "fact" consists of any observable thing, state, or mental condition that can be perceived through the senses or consciousness.
- Examples include the arrangement of objects and personal observations (e.g., seeing or hearing something).
Relevance of Facts
- Relevant facts are those that assist in determining the truth of an inquiry, such as statements made in the presence of an accused or behaviors following a crime.
- Specific examples illustrate the connection between a person’s actions or statements and the case being investigated.
Test Identification Parade
- The Test Identification (TI) Parade aims to confirm the identity of a suspect as seen by witnesses.
- Evidence from identification is only admissible to support substantive evidence presented in court.
- Previous identifications at TI Parades do not hold independent value unless corroborated by other evidence.
Admissions in Evidence
- An "admission" is a statement that implies any relevant fact, which can be oral, written, or electronic.
- Admissions are substantive evidence but can be contested by the person who made them.
- They must be treated as holistic; parts cannot be selectively used against the individual.
Implications of Confession
- Confessions made during joint trials can be considered against co-defendants if they relate to shared accusations.
- The statement must be relevant and contextually appropriate to be admissible against others involved.
Important Legal References
- Sections referred to include S. 3, S. 9, S. 16, S. 17, and S. 30 of Act 1 of 1872, which dictate the definitions and relevance of documents, evidence, facts, admissions, and confessions.
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