CONCEPT OF THE BEST EVIDENCE RULE

EVOLUTION OF THE CONCEPT OF THE BEST EVIDENCE RULE

The Evidence play very widely role in determining the rights and liabilities of the conflicted parties. The best evidence rules means that the secondary evidence won’t be applicable if the primary evidence present. Its very important to present best evidence in front of the honorable court to determine or to delivery justice for the betterment. […]

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EVOLUTION OF THE CONCEPT OF THE BEST EVIDENCE RULE

EVOLUTION OF THE CONCEPT OF THE BEST EVIDENCE RULE

The Evidence plays a very wide role in determining the rights and liabilities of the conflicted parties. The best evidence rules mean that the secondary evidence won’t be applicable if the primary evidence present. Its very important to present the best evidence in front of the honourable court to determine or to deliver justice for […]

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Confessions under Indian Evidence Act

Confessions under Indian Evidence Act

Section 24 of the Indian Evidence Act, introduced the word confession for the first time. Section 24 – 30 deals with the concept of confession. The confession comes under the heading of Admission. It can be said that confession is a species under admission. However, Confession is no defined by the Indian Evidence Act. In […]

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ADMISSIBILITY OF DYING DECLARATION UNDER THE LAW OF EVIDENCE

ADMISSIBILITY OF DYING DECLARATION UNDER THE LAW OF EVIDENCE

Dying declaration (hereinafter referred as DD) can be defined as any oral or document any statement made by a person which is related to causing his death. Section 32 of the evidence act 1872 deals with the concept of dying declaration. As an exception to the general rule of Hearsay, DD are admissible under section […]

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CERTIFICATE OF ELECTRONIC EVIDENCE

CERTIFICATE OF ELECTRONIC EVIDENCE

Sec 65B of Indian Evidence Act, 1872 In year 2012, Indian Evidence Act, 1872 was amended and certain sections regarding electronic evidence were included by Information Technology Act, 2000 i.e. Section 65A and 65B. Section 65A lays down the list of electronic records which can be admissible in the court according to the provisions laid […]

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Is phone audio recording admissible evidence in court?

Is phone audio recording admissible evidence in court?

In this article all of your doubts will be covered of is phone audio recording is admissible evidence in court or what are the conditions related to it to be admissible evidence. There sure are many questions which are needed to be answered. GROWTH OF TECHNOLOGY With the growth of technology there are many machines […]

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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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