Exclusion of evidence to explain or amend ambiguous document — When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. B may be examined as to what occurred. Preparation: Preparation is an inchoate Act. A must prove the admission. This could not be shown as between A and B, but it might be shown by C if it affected by his interests. Provided also that this Section shall not authorize an Judge to compel any witness to answer any question or produce any document which such witness would be entitled to refuse to answer or produce under Sections 121 to 131, both inclusive, if the questions were asked or the documents were called for by the adverse party; nor shall the Judge ask any question which it would be improper for any other person to ask under Section 148 or 149; nor shall he dispense with primary evidence of any document, except in the cases herein before excepted. Would you propose starting with a free platform like Wordpress or go for a paid option? Presence of accused at a place where ransom demanded was to be fulfilled and then action of fleeing on spotting the police party is a relevant circumstances and is admissible under this section.
Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered. Evidence was adduced of previous visit of the accused to the port of Okha, where it was said he tried to make some arrangements with the customs whereby he could import other goods without payment of proper duty. It flows from this section that if there be an attesting witness alive capable of giving evidence and subject to the process of the Court, has to be necessarily examined before the document required by law to be attested can be used in an evidence; Janaki Narayan Bhoir v. The truth of which is submitted to judicial investigation. It is proposed to prove that he denied the possession of the property. Order of production and examination of witness — The order in which witness are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court.
Presumption as to Gazettes in electronic forms. But section 145 making an exception to rule says that a witness may be cross-examined as to the previous statements made by him in writing or reduced to the form of writing and relevant to the matter in question without such writing being shown to him or being proved. Re-examination The examination of a witness, subsequent to the cross-examination by the party who called him, shall be called his re-examination. But this is not always true. Circumstantial evidence is used in criminal courts to decide the fate of accused by establishing guilt or innocence through reasoning. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that, on a given day, the solicitor attended A at a place mentioned, in Calcutta , for the purpose of conferring with him upon specified business, is a relevant fact. Unbound sheets of paper are not books of account and cannot be relied upon; Dharam Chand Joshi v.
Illustrations a It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. The conduct of a man is admissible only against him. Stephen submitted his draft and it was referred to the select committee and also to High Courts and members of Bar to elicit the opinion, and, after gathering opinion, the draft was placed before the legislature and it was enacted. Effect of estoppel i An estoppel cannot have the effect of conferring upon a person a legal status expressly denied to him by a statute. The fact that, at the time when he left home he had sudden and urgent business at the place to which he went is relevant, as tending to explain the fact that he left home suddenly. Circumstantial Evidence The question that which evidence is superior is going from a long time, on this subjects jurists differ in their views. Coles, and it may be in other cases, a hostile witness has been described as a witness who from the manner in which he gives his evidence shows that he is not desirous of telling the truth to the Court.
The term document includes all material substances on which thoughts of the people are expressed by writing or in any other way,by a mark or a symbol. Evidence of hostile witness The fact that witnesses have been declared hostile does not result in automatic rejection of their evidence. Comments Object Section 71 is in the nature of a safeguard to the mandatory provisions of section 68, to meet a situation where it is not possible to prove the execution of the will by calling attesting witnesses, though alive. After hearing the case and perusing the material on record and various court judgments, a division bench of high court said that the present case is based on the circumstantial evidence and there is no direct evidence connecting the accused to the crime. Judgments of courts of justice, when relevant 40. In a prosecution for rape under clause a , clause b , clause c , clause d , clause e , clause f , clause g , clause h , clause i , clause j , clause k , clause l , clause m or clause n of sub-section 2 of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. A witness summoned on the request of the defending party is known as a Defense Witness.
Oral evidence must be direct — Oral evidence must, in all cases, whatever, be direct; that is to say; If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; If it refers to an opinions or to the grounds in which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds — Provided that the opinion of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatise if the author is dead or cannot be found or has become incapable of giving evidence or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable. In this type, any evidence has to be evaluated by cross-checking, for the reliability of the source. Admission defined — An admission is a statement, 1oral or documentary which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons and under the circumstances hereinafter mentioned. Opinion as to digital signature when relevant — 1 47A. An example of circumstantial evidence is the behavior of a person around the time of an alleged offense. It is only the reported evidence of a witness which he has not seen either heard.
Chapter V — Of documentary evidence 61. However, the plaintiff can be insisted upon to prove his case; Uttam Chand Kothari v. The facts that A murdered C, that В knew that A had murdered C, and that В had tried to extort money from A by threatening to make his knowledge public, are relevant. In criminal cases, previous good character relevant — In criminal proceedings the fact that the person accused is of good character, is relevant. The Court in mindful of caution by the settled principles of law and the decisions rendered by this Court that in a given case like this, where the prosecution rests on the circumstantial evidence, the prosecution must place and prove all the necessary circumstances, which would constitute a complete chain without a snap and pointing to the hypothesis that except the accused, no one had committed the offence, which in the present case, the prosecution has failed to prove. Explanation Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
For conviction in the case of circumstantial evidence the following conditions must be accomplished. A must prove the existence of those facts. Reliability of hostile witness It is settled law that evidence of hostile witness also can be relied upon to the extent to which it supports the prosecution version evidence of such witness cannot be treated as washed off the record. But testimony of witnesses is not always credible; therefore, facts are provable not only by witnesses but also by circumstances. Testimony of independent witness It is true that there is no immutable rule of appreciation of evidence that the testimony of independent witnesses should be ipso facto accepted but all the same the circumstance that witnesses are independent goes miles and miles to ensure their truthfulness. The guilt of a person can also be proved by circumstantial evidence.
C c local investigation or inspection O. Statements made in the presence and hearing of a person whose conduct is in issue, are relevant provided the statement affects such conduct Explanation 2. It is for the Judge to consider the fact in each case whether as a result of such examination and contradiction, the witness stands thoroughly discreted or can still be believed in regard to a part of his testimony. In many, especially Western, courts, the burden of proof is placed on the prosecution. Evidence may be given of facts showing whether Hyderabad in the Deccan or Hyderabad in the Deccan or Hyderabad in Sind was meant. Important features of the Indian Evidence Act — Kanoon Important features of the Indian Evidence Act — Kanoon. Illustration A sues B on an agreement and gives B notice to produce it.
The evidence remains admissible in the trial and there is no legal bar to base conviction upon the testimony of such witness. In Sarup Singh v State of Punjab the evidence proved the participation of accused. The fact that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1 , or as corroborative evidence under section 157. Exception 1 If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given of his previous conviction. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso 3 The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved: Proviso 4 The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents: Proviso 5 Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved: Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract: Proviso 6 Any fact may be proved which shows in what manner the language of a document is related to existing facts.