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Law of Evidence Class Notes

This document discusses the key concepts and principles of Indian law of evidence. It explains that the objectives of evidence are to ascertain the truth, prove or disprove facts, and ensure a fair trial. The document outlines various types of evidence like direct evidence, hearsay evidence, best evidence, presumptions, and doctrines like res gestae. It also discusses the relevance of facts, burden of proof, competency of witnesses, and admissibility of evidence related to identification, conspiracy, alibi, rights, customs, mental state, and accidents versus intentional acts. Overall, the document provides a high-level overview of the substantive concepts that make up Indian law of evidence.

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82 views

Law of Evidence Class Notes

This document discusses the key concepts and principles of Indian law of evidence. It explains that the objectives of evidence are to ascertain the truth, prove or disprove facts, and ensure a fair trial. The document outlines various types of evidence like direct evidence, hearsay evidence, best evidence, presumptions, and doctrines like res gestae. It also discusses the relevance of facts, burden of proof, competency of witnesses, and admissibility of evidence related to identification, conspiracy, alibi, rights, customs, mental state, and accidents versus intentional acts. Overall, the document provides a high-level overview of the substantive concepts that make up Indian law of evidence.

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© © All Rights Reserved
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LAW OF EVIDENCE

Substantive and Procedural Laws

substantive laws discuss rights and liabilities


procedural law discusses the procedure to enforce rights and liabilities

OBJECT OF EVERY JUDICIAL INVESTIGATION


1.To ascertain the true facts
2. To unravel the truth of the accused's culpability
3.To see the right which has been violated

EVIDENCE
TO ASCERTAIN
TO PROVE

PROVE OR DISPROVE EXISTENCE OF SOME FACTS

Object of rules of evidence


To ascertain truth
To backup arguments and to have fair trial
To prevent a judge from exercising wide discretion in any matter (he judge must follow the
procedure stipulated in the act)

PRINCIPLE OF LAW OF EVIDENCE


1. Evidence confined to matter in issue
2. Hearsay Evidence – must not be admitted
3. BEST EVIDENCE – in all cases

IS THIS ACT IS EXHAUSTIVE ?

Not exhaustive
Does not contain all rules of evidence
Relevant provision of English Common Law
no, upon application of judicial mind (and appraisal of facts and circumstances)

Criticism of Law of Evidence


1. Reliance (Fundamental Question)
2. Relevant Facts – Inference

Rules of Evidence – Rules of Logic (NO)


(Artificial)
Common Sense – Experience of Human Nature (JUDGE)

Ambiguity related to use of new technology, Less number of amendments so basically old
archaic law is still prevalent

Need: Law of Evidence


1. Serving the ends of justice by giving everyone equal opportunity to prove their case
2. Inferences to render a decision
3. Principles and Rules regarding collection of Evidence
4. Privacy

1. to all judicial proceedings in or before any Court,


2. including Courts-martial

Does not apply :-


1. other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58) the Naval
Discipline Act [29 & 30 Vict., 109]; or the Indian Navy (Discipline) Act, 1934 (34 of 1934), or the
Air Force Act (7 Geo. 5, c. 51),
2. proceedings before an arbitrator.
(because ADR is party specific, and the rules and procedure are decided by parties, principle of
natural justice)

Law of Evidence answers the following questions :-

1. What kinds of facts may be proved ?


Facts which are logically connected to facts in issue
Trial of Murder – The fact that the accused had a motive – committing the murder
- (Inference) accused might have committed the murder

Whenever a fact
Either by itself
Or in connection with other facts
Makes the legal inference –
Of the existence
Or Non-existence
Of the fact in issue
Such fact becomes relevant and may be proved

RELEVANCY

2. What kinds of proof is to be given to those facts ?


BEST EVIDENCE – MAXIMUM TRUTH VALUE
Primary Evidence must be given unless secondary evidence is permitted to be given

3. Who is to give that proof ?

BURDEN OF PROOF
Certain Facts that needs to be proved – court takes notice of them

General Rule, He who wants the court to believe certain things must prove them

4. How is that proof to be given ?

Competency of Witnesses –
All persons who are capable of understanding the nature of questions put to them
And who can answer all those questions

COURT

Legally authorized to take evidence

1. Place where justice is administered


2. Person or persons who administer justice

2. FACT
(i) Physical Facts – Things capable of being perceived by senses, (External Facts)
(ii) Psychological Facts – Internal Facts, Things cannot be perceived by senses
E.g.:- Intention, Knowledge, Good Faith, Mala Fide, Mens Rea

3. Relevant :- Connected, Admissible

Kinds of relevancy
I. Logical Relevancy – Apply our logics - yes, one fact is CONNECTED with another
II. Legal Relevancy – Legally Relevant Section 5-55

4. Facts in Issue
There are two ingredients of facts in issue
(1) There must be fact.
(2) That fact must be disputed between parties.
PRESUMPTIONS

1. MAY PRESUME (Presumption of a FACT)/ Natural Presumption


Discretion of the court
Court – May Presume a FACT
- Either regard such fact as proved,
- unless and until it is disproved,
- may call for proof of it

Person is in Possession of some stolen goods


May Presume – the person is a thief

2. Presumption of Law or Artificial Presumption


- Shall Presume (Rebuttable Presumption of Law)
Bound to regard a particular fact as proved, unless an evidence is produced to disprove it.
Capacity, opposite party still has privilege to disprove it

- Conclusive Proof (Irrebuttable Presumption of Law)


Regard fact as PROVED, shall not permit any kind of evidence for the purpose if rebutting or
disproving that fact.
- Neither the court has discretion to call for evidence
- Nor the parties have the privilege to disprove it
E.g. - Divorce Decree

DOCTRINE OF RES GESTAE (Section 6)

Res Gestae – Things Done, Act Done

Essentials :-

1. All acts and Statements during the happening of an event.


2. Statements should be made by participants
3. Statements should have enough information (to explain or brief about the incident)
4. Statements made by the person or act of the person it should be spontaneous and
simultaneous to main transaction.

TEST :-
1. Relation – Fact in issue and Fact
2. Fact connected by proximity of time and place
3. There should be CONTINUITY OF PURPOSE and ACTION which is running through the fact in
issue and fact of which evidence is sought to be given.
RES GESTAE – is an exception to HEARSAY EVIDENCE

Hearsay Statement relation to condition (stress)


Reasoning – Such statement lacks reflective capacity, event is so extraordinary person will only
speak the truth

Sukhar v. State of UP
QUESTION RAISED - Whether the witness could give evidence of what victim told him ?
Admissible –
If it is related to fact in issue
NO interval for fabrication
FORM THE PART OF SAME TRANSACTION

Section 7 –

Collateral Facts
1. As it being the occasion or cause of facts
2. As it being its effect
3. Giving an opportunity of occurrence
4. state of things under which it happened

Section 8 – MOTIVE, PREPARATION AND PREVIOUS OR SUBSEQUENT CONDUCT

General Rule – No act without Motive – Internal motivation

Preparation – Arranging the means and methods for the commission of offence

Conduct – External Behaviour

LAST SEEN THEORY


place where accused AND victim was seen lastly together
Last Seen Theory - Time gap between deceased and accused last seen together and time of
death. weak piece of evidence.

Without corroboration/ backed by other evidence


Proximity of time gap – time of death and last seen together
Accused and Deceased were LAST SEEN TOGETHER
Without the probability of another person coming in between

IDENTIFICATION PARADE (Section 9)


To test the memory and veracity of witness
CONSPIRACY (SECTION 10)
Secret Affair – Common Intention
ESSENTIALS
 There should be reasonable grounds to establish a conspiracy.
 There should be at least two or more persons to form a conspiracy.
 There should be a common intention of all the conspirators.
 Acts or Statement of the conspirators.
 The acts or statements of the conspirators must be in reference to common intention.

SECTION 11 – PLEA OF ALIBI


ALIBI - ELSEWHERE

Essentials of Plea of Alibi:


• There must be an offence punishable by the law.
• The person taking the defence of Section 10 should be accused of that particular offence,
punishable by the law.
• The defence must be satisfactory and beyond any reasonable doubt.
• The defence must be backed by evidence.

SECTION 13 – RIGHT OR CUSTOM

RIGHT :- Recognized and protected by law (LEGAL RIGHTS ONLY), PUBLIC, PRIVATE, etc.
CUSTOM :- Practice, Usage or Traditional Norm followed from very long (Long Practice)
PROVE OR DISPROVE it.

SECTION 14 – STATE OF MIND

State of Mind – Intention, Knowledge, Good Faith, Bad Faith etc. observation, confession,
admission, evidence against that person

State of Body or Bodily Feeling – Finding the truth

SECTION 15 – ACCIDENTAL or INTENTIONAL ACT


Essentials :-
1. Question is whether Act was ACCIDENTAL or INTENTIONAL
2. Similar occurrences
3. Act was intentional and not accidental

SECTION 16 – Course of Business


Essentials :-
1. Question is whether a particular Act is done or not
2. Existence of course of business, act naturally would have done
3. Presume that act was done
4. Burden of proof the act is not done is upon the party who alleges it.

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