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- In the plea of alibi, the accused wishes the court to believe in the fact that he was elsewhere from the crime scene. Hence, under Section 103, it is the burden of the accused to prove the existence of the fact that he was elsewhere from the crime spot.
blog.ipleaders.in/all-about-a-plea-of-alibi/
Section 11 in The Indian Evidence Act, 1872. 11. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant -. (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant ...
- Introduction
- Concept of Evidence Law
- Historical Background of Law of Evidence in India
- Scope of Indian Evidence Act, 1872
- Important Provisions Under The Indian Evidence Act, 1872
- Judicial Pronouncements with Respect to The Indian Evidence Act, 1872
- List of Amendments
- Conclusion
- References
The term “law” is used in various ways. In its most basic sense, it refers to any rule, law, norm, doctrine, or standard to which human beings must adhere. The entire corpus juris(body of laws) is divided into two broad categories: 1. Substantive laws, 2. Adjective laws. The law of evidence does not fall under substantive or procedural law, but rat...
Before diving into the concept of “evidence law,” it is necessary to first explore the definition of “evidence” in general. The term evidence was derived from the Latin word ‘Evidera,’ which means lucidity, clarity in presentation, and the ability to prove the facts in question. In its original sense, the word “evidence” refers to the state of bein...
Hindu period
The Hindu Dharmashastrascontains a piece of rich information on the law of evidence. The purpose of the trial was to separate the true from the false in the same way that a surgeon removes an iron arrow from the body using his tools. The Dharmashastras acknowledged four categories of evidence. 1. Lekhya, i.e. document, 2. Sakshi i.c., oral evidence, 3. Bhukti or Bhog, i.e., use in other words possession, and 4. Divya i.e., Divine tests or ordeals.
Islamic period
The rules of evidence were well defined during the Islamic period. The evidence consisted of two types: oral and documented. The oral evidence was further subdivided between direct and hearsay evidence. It indicates that oral evidence was preferred above documentary evidence. Addressing oral evidence, the Quran enjoins as follows: “O You who believe! Stand out firmly for Allah, as a just witness for just (and fair) dealing, and do not let the hatred of others make you lean towards wrong and g...
The Indian Evidence Act of 1872 consolidates, defines, and amends the law of evidence in India. It extends to the whole of India. The Act applies to all judicial proceedings in or before any Court in India, including Courts-martial (except those convened underthe Army Act, theNaval Discipline Act, or the Indian Navy Discipline Act, 1934, or the Air...
In nutshell, the “Law of Evidence” can be defined as a set of principles for determining disputed facts in court proceedings
State Bank of India v. Om Narain Agarwal, AIR 2011
In the above case, the Court highlighted that the main feature of the rule of evidence is to limit the scope of the dispute before the Court to those facts that have logical evidentiary value in determining a fact and to prevent giving judgments based on illogical conclusions or prejudices, as well as to aid in the administration of justice.
Vijendra v. State (NCT of Delhi), 1997
In the light of the above case, the Hon’ble Supreme Court ruled that the prosecution cannot record the accused’s statement since it violates the provisions of Cr. P.C., which states that a statement made before a police officer during an investigation cannot be used for any purpose unless it falls under the provisions of section 27 of 32 (1) of the Evidence Act.
Emperor v. Aftab Mohd. Khan, 1939
In this particular case, the learned court explained the objective of Section 162of the Indian Evidence Act. The purpose of the provision and its proviso is to protect the accused from false statements made by witnesses during the investigation. The Court reasoned that the remarks provided by witnesses may have been influenced by the police officers investigating the case and that admitting such statements as evidence would be prejudicial to the accused.
The Indian Evidence (Amendment) Act, 1872 (18 of 1872)The Indian Evidence Act, 1872 Amendment Act, 1887 (3 of 1887).The Indian Evidence Act, 1872 Amendment Act, 1891 (3 of 1891)The General Clauses Act, 1897 (10 of 1897).The term ‘evidence’ refers to the state of being evident, i.e., plain, evident, or notorious. However, it is used to describe something that tends to produce evidence or proof. We can define evidence as a process that deals with both the right and the procedures. The Indian Evidence Act contains a number of provisions governing, examination, releva...
Illustration (a) refers to a plea of 'alibi' and explains meaning of both clauses (1) and (2): If A committed a crime at Calcutta, the fact that he was at Lahore is relevant under clause (1) of section 11 and if he was at a distant place from Calcutta, that would render his presence at Calcutta highly improbable, though not impossible and that ...
It is evidence that leads to authentication of facts and in the process, helps in rationalizing an opinion of the judicial authorities. Further, the law of evidence helps prevent long drawn inquiries and prevents admission of excess evidence than needed. What is IEA? How does it function?
This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial,2[other than Court-martial convened under the Army Act] (44 & 45 Vict.,
The Indian Evidence Act, [1] originally passed in India by the Imperial Legislative Council in 1872, during the British Raj, contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.
