Evidence Act - Important Amendments, Books, Questions

Indian Evidence Act 1872 - The Indian Evidence Act, of 1872 (IEA) lays down the rules regarding the admissibility, production, and evaluation of evidence in Indian courts. Understanding its critical concepts can be valuable for legal professionals and citizens alike. Here's an overview of some key aspects:

This Story also Contains

1. Important Amendments to the Indian Evidence Act, 1872 and Case Laws
2. Important Books for Indian Evidence Act
3. Questions on the Indian Evidence Act

1. Relevancy of Facts (Section 6-9)

Only facts relevant to the case can be proven as evidence. Relevance is determined by their connection to the issues in dispute.

Case Law: In State (NCT of Delhi) v. Navjot Sandhu, the Supreme Court held that the accused's previous criminal record becomes relevant if it shows a propensity to commit the same crime again.

2. Admissibility of Evidence (Section 11-126)

Not all relevant facts are admissible. Certain evidence might be excluded due to legal restrictions or policy considerations.

Exceptions: Hearsay evidence (secondhand information) is generally inadmissible, but exceptions exist, like dying declarations or admissions against interest.

Case Law: In Khwaja Abbas v. State of Bihar, the Supreme Court allowed a dying declaration as primary evidence due to its exceptional circumstances.

3. Burden of Proof (Section 101-111)

The party asserting a claim bears the burden of proving it with reasonable certainty.
In criminal cases, the prosecution must prove guilt beyond reasonable doubt.

Presumptions: The law may presume certain facts based on established patterns, shifting the burden of proof conditionally.

Case Law: In Satendar Sharma v. State of Himachal Pradesh, the Supreme Court clarified that the burden of proving consent in rape cases lies with the accused when certain presumptions apply.

4. Examination of Witnesses (Section 135-160)

Rules govern the proper questioning of witnesses to ensure fairness and clarity.

Leading questions: Suggesting the desired answer is generally prohibited during examination-in-chief.

Cross-examination: Allows the opposing party to test the witness's credibility and memory.

Case Law: In Kartar Singh v. State of Punjab, the Supreme Court stressed the importance of fair and unbiased cross-examination.

5. Documentary Evidence (Section 90-106)

Documents must be duly authenticated and produced before the court.
Electronic records are now recognized as valid evidence under amended provisions.

Case Law: In Anvar P.V. v. State of Kerala, the Supreme Court upheld the admissibility of digitally altered photographs after proper authentication.

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Important Amendments to the Indian Evidence Act, 1872 and Case Laws

The Indian Evidence Act, 1872 (IEA) has undergone several significant amendments since its inception to align with evolving legal and technological landscapes. Here, we'll explore some critical amendments and related case laws:

1. Admissibility of Electronic Evidence (2000)

Amendment: Introduced Sections 65A and 65B, recognizing electronic records as evidence and outlining their admissibility requirements.

Landmark Case: Arjun Pandit Rao vs. Kailash Kishanrao (2022): Supreme Court mandated furnishing a certificate under Section 65B as mandatory for electronic evidence admissibility, making oral evidence inadmissible in such cases.

2. Opinion of Examiner of Electronic Evidence (2009)

Amendment: Section 45A allows admitting the opinion of an examiner of electronic evidence, subject to specific conditions.

Case Example: State of Maharashtra vs. Pradeep Shukla (2014):** High Court relied on a computer expert's opinion to establish the accused's involvement in a cybercrime, highlighting the significance of Section 45A.

3. Presumption of Genuineness of Certified Copies (2011)

Amendment: Section 83A creates a presumption of genuineness for certified copies of electronic records stored by government bodies.

Case Example: State (N.C.T. of Delhi) vs. Navjot Sandhu (2018): Court admitted a certified copy of a website's content stored by a government agency due to the presumption under Section 83A.

4. Presumption of Abetment of Suicide by Married Woman (2005)

Amendment: Introduced Section 113A, creating a rebuttable presumption that if a married woman dies within seven years of marriage due to unnatural causes, the husband caused her death.

Case Example: K.M. Nanavati vs. State of Maharashtra (1959): Supreme Court, while interpreting the pre-amendment law, highlighted the need for considering all evidence before drawing conclusions about abetment.

5. Protection of Witnesses (2009)

Amendment: Introduced Sections 132A and 132B, empowering courts to take measures to protect vulnerable witnesses, including child victims and witnesses facing threats.

Case Example: Sheela Barse vs. State of Maharashtra (2013): High Court upheld the use of screen to protect a child witness during testimony, emphasizing the importance of Section 132A.

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Important Books for Indian Evidence Act

For your reference, the list of important books is provided below.

• Ratanlal & Dhirajlal's The Law of Evidence: The classic commentary. Offers in-depth analysis and case law references. Best for serious legal professionals.

• Batuk Lal's Law of Evidence: A comprehensive textbook with clear explanations. Great for students and exam prep.

• Sarkar on Evidence: An authoritative guide covering the latest legal developments.

• Avtar Singh's Principles of the Law of Evidence: A good introductory text with simplified explanations.

• V.P. Sarathi's Law of Evidence: Focuses on practical application of the law.

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Questions on the Indian Evidence Act

Here are a few example questions for your better understanding.

1. A witness in a court case makes a statement about what they heard someone else say. This statement would be considered:

(a) Relevant evidence

(b) Hearsay evidence

(c) Direct evidence

(d) Opinion evidence

Answer: (b) Hearsay evidence

Explanation: Under the Indian Evidence Act, hearsay evidence is generally inadmissible because it is not firsthand information and its reliability cannot be verified. While it may be relevant to the case, the court cannot rely on it as proof unless there is an exception to the hearsay rule.

2. A document presented in court does not bear the signature of the alleged author. To prove its authenticity, the best course of action would be to:

(a) Submit the document as is

(b) Call the author as a witness

(c) Compare the handwriting to other known samples

(d) All of the above

Answer: (d) All of the above

Explanation: To establish the authenticity of a document, the court might consider various approaches: submit the document as is (allowing the opposing party to challenge it), call the author as a witness for verification, or compare the handwriting to other known samples through expert analysis. All of these actions might contribute to strengthening the document's admissibility.

3. In a criminal case, the burden of proof lies with the:

(a) Defendant to prove their innocence

(b) Plaintiff to prove the crime beyond a reasonable doubt

(c) Judge to determine guilt or innocence based on available evidence

(d) Jury to reach a verdict based on their understanding of the case

Answer: (b) Plaintiff to prove the crime beyond a reasonable doubt

Explanation:In criminal cases, the prosecution (acting on behalf of the state) carries the burden of proving the accused's guilt beyond a reasonable doubt. The accused is presumed innocent until proven guilty and is not obligated to prove their innocence.

4. A wife files for divorce based on her husband's cruelty. She has no physical evidence of the abuse, but can present witness testimonies from neighbors and family members. These testimonies would be considered:

(a) Relevant but not reliable due to personal bias

(b) Irrelevant unless they directly witnessed the abuse

(c) Relevant and admissible circumstantial evidence

(d) Hearsay evidence and therefore inadmissible

Answer: (c) Relevant and admissible circumstantial evidence

Explanation: While the neighbor and family member testimonies are not direct evidence of the abuse, they can be considered relevant circumstantial evidence. Their observations and experiences might indirectly support the wife's claim of cruelty, especially if they corroborate other details of her statement.

5. A company seeks to present a social media post by the defendant as evidence in a defamation case. Which factor would the court NOT consider when assessing the post's admissibility?

(a) The tone and language used in the post

(b) The factual accuracy of the statements made

(c) The context in which the post was published

(d) The number of likes and shares the post received

Answer: (d) The number of likes and shares the post received

Explanation: While the post's popularity might reflect its reach and potential impact, the number of likes and shares does not directly contribute to determining its truthfulness or defamatory nature. The court primarily focuses on the content, context, and factual basis of the statements within the post when evaluating its admissibility and potential harm.

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