Secondary evidence in indian evidence act. Section 65 in The Indian Evidence Act, 1872 2019-02-08

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Section 61

secondary evidence in indian evidence act

It is proposed to prove that he denied the possession of the property. The entries are relevant, but are not sufficient, without other evidence, to prove the debt. Essentially, the court allowed hearsay evidence. When the person in possession of the document is out of reach, or not subject to, thee process of the Court. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. Some of these exceptions require a declarant to be unavailable.

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61, 62, 63 Evidence Act

secondary evidence in indian evidence act

Position of stranger The rule as to exclusion of oral by documentary evidence governs the parties to the deed in writing. It is proved that he was in possession of a particular stolen article. In other words there can be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused. Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. Confession made after removal of impression caused by inducement, threat or promise, relevant — If such a confession as is referred to in Section 24 is made after the impression caused by any inducement, threat or promise has, in the opinion of the Court been fully removed it is relevant.

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Section 65 of the Indian Evidence Act, 1872

secondary evidence in indian evidence act

Information and testimony presented by a party in a civil or criminal action that permit conclusions that indirectly establish the existence or nonexistence of a fact or event that the party seeks to prove. Upon discovery, a document speaks for itself. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated — Evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a letter stage of the same judicial proceedings, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept our of the way by the adverse party or if his presence cannot be obtained without, an amount of delay of expense which, under the circumstances of the case, the Court considers unreasonable; Provided — That the proceeding was between the same parties or their representatives in interest; That the adverse party in the first proceeding had the right and opportunity to cross examine; That the questions in issue were substantially the same in the first as in the second proceeding. In Lim Yam Yong v. This may be a reasonable ground for asking him if he is a dakait.

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Section 65 in The Indian Evidence Act, 1872

secondary evidence in indian evidence act

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. Obtaining an honest confession is tricky business. In order to enable a party to produce secondary evidence it is necessary for the party to prove existence and execution of the original document. A statement by C that he owned B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. Video The views and opinions expressed on this page are those of their individual authors.

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IEA Section 65

secondary evidence in indian evidence act

Production of title-deeds of witness, not a party — No witness who is not a party to a suit shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds any property as pledgee or mortgagee, or any document the production of which might tend to criminate him, unless he has agreed in writing to produce them with the person seeking the production of such deeds or some person through whom he claims. Privileged Communication If every divulgence and confession may be taken as evidence, secrets would not be safe anymore. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime, is relevant. The purpose of the rule against hearsay is to ensure that the adverse party is afforded an opportunity to cross-examine the declarant to test whether his testimony is accurate. In American federal courts, the law of evidence is set out in the. Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.

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Section 65 of the Indian Evidence Act, 1872

secondary evidence in indian evidence act

A man may lie but a document will never lie; Afzauddin Ansary v. The procedural laws are as important as the substantive laws. Evidence may be given of facts in issue and relevant facts — Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. . Privilege not waived by volunteering evidence — If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in Section 126, and if any party to a suit or proceeding calls any such barrister, 1pleader, attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose.

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No Need Of Permission To Lead Secondary Evidence Before Trial Court Under Evidence Act: Bombay HC [Read Judgment]

secondary evidence in indian evidence act

Illustrations a The question between A and B is, whether a certain deed is or is not forged. Section 5 2 of the Telegraph Act was almost exactly duplicated thirteen years later by of the Indian Post Office Act, 1898. Can the accused give rebuttal evidence using the forensic results? Counterparts of documents as against the parties who did not execute it; 5. The confession made by the accused in the court is also included in judicial evidence. There is no way that a whistle blower, or a person in possession of electronic evidence, can obtain the certification required by section 65B 4 of the Evidence Act without the state coming to know about it and, presumably, attempting to stop its publication. Presumption as to electronic messages.


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Section 61

secondary evidence in indian evidence act

This is because it would disturb the hearsay rule since the document is absent, the truth or accuracy of the oral evidence cannot be compared to the document. For example, a counterfoil of the cheque is a secondary evidence as against the drawer. The rules regarding hearsay evaluate the manner in which the evidence is offered. Rules as to notice to produce Section 66 - Secondary evidence of the contents of the documents referred to in Section 65, Clause a , shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is or to his attorney or pleader such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case; Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it: 1. Madhulata Vyas And Ors, it was held that where the defendant himself admitted the payment under the cheque, absence of cheque as primary evidence would not vitiate the suit.

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