BURDEN OF PROOF

BURDEN OF PROOF (Section 101-114)

INTRODUCTION The Burden of Proof rests on the individual making any arguments or alleging some fact until and unless an exception is provided by law, under Indian Law. There are always two burdens in a criminal case. The first burden is on the prosecutor to argue against the defendant at all costs, while the second […]

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INDIAN EVIDENCE AMENDMENT BILL, 2016

INDIAN EVIDENCE AMENDMENT BILL, 2016

INTRODUCTION INDIAN EVIDENCE AMENDMENT BILL, 2016 was introduced in the Lok Sabha seeking changes to the 1872 Indian Evidence Act to make it easier to deal with cybercrime and custodial abuse cases. A variety of suggestions had been made by an advisory group created by the Ministry of Home Affairs (MHA), the key one being […]

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INDIAN EVIDENCE

INTRODUCTION TO INDIAN EVIDENCE LAW

INTRODUCTION The Law of Evidence is a very significant element of both the system specifically civil and criminal. The passage of this act is regarded as the path-breaking judicial measure implementation in India that has altered the entire Indian justice system. Since the passage of this act, the entire justice system is changed because there […]

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DOCTRINE OF ESTOPPEL

DOCTRINE OF ESTOPPEL

INTRODUCTION– DOCTRINE OF ESTOPPEL- Doctrine (Principle) + Estoppel (to stop) = Principle of preventing peoples from going back. “Estoppel is when one is concluded and forbidden in law to speak against his act.” [1] so that other people need not suffer because of the misrepresentation of another person. Also “An estoppel is not a cause of action- […]

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DYING DECLARATION

DYING DECLARATION

INTRODUCTION– The term “dying declaration” is itself explaining its meaning as- some declaration by died man, under legal context it represents as an oral or verbal statement from the dying man who is declaring the reasons of death, it came into the ambit of evidence under the Law of evidence because there is a belief […]

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