According to Dr. Johnson`s dictionary, the word evidence means « the state of evidence that is obvious or infamous. » Bentham defined « proof » as « any fact whose effect, tendency, or intention is to produce in the mind a belief affirming or affirming the existence of another fact. » The jurisdiction of persons who may testify is governed by sections 118, 119, 120 and 133. A witness may be competent but unconvincing, which means that the court cannot force him or her to testify. A court cannot force foreign ambassadors and sovereigns to testify before it. A court cannot force foreign ambassadors or sovereigns to appear in court to testify. A witness may be competent and persuasive, but the law cannot compel him or her to answer certain questions. Limited comparability, often referred to as privilege, is the term used to describe this situation. This privilege is dealt with in sections 122 to 132. The standard of proof is dealt with in § 134. The examination, cross-examination and re-examination of witnesses are governed by sections 135 to 139. Clauses 140 to 153 deal with the types of questions that may and may not be asked by witnesses during cross-examination. Evidence that contradicts a witness` answers to cross-examination is not admissible under section 153.
Under section 154, the court may, at its discretion, allow the person calling a witness to ask any questions that the other party may ask during cross-examination. Section 155 talks about the indictment of a witness. Section 158 of the Act deals with testimony of contradiction, accusation or confirmation of the credibility of a person who testified under sections 32 and 33 of the Act. Sections 159 to 161 allow a witness to recall his or her memory by examining documents already submitted. Articles 165 and 166 define the scope of the rights of judges and jurors to hear witnesses. Divya means divine trials or trials. If a man`s testimony does not lead to a decision, Divya or divine trials (trial) helps in decision-making. Such tests were common in ancient India, where supernatural powers were called upon to prove a man`s guilt or innocence. In the words of Sir William Blackstone, evidence means « that which demonstrates, clarifies or establishes the truth of the facts or points in dispute. » Faylor describes evidence as « any means that tends to prove or refute a fact whose truth is the subject of a judicial investigation. » The Governor General enacted the first Rules of Evidence Act in 1835. In 1835 and 1855, a series of laws were passed to successfully implement the reforms proposed by Jeremy Bentham.
This article was written by Astitva Kumar, lawyer. The purpose of this article is to examine the nature of the Indian Evidence Act, 1872. With this article, the author has attempted to clarify the definition of the law of evidence and the scope and characteristics of the Indian Evidence Act. क्या है भारतीय साक्ष्य अधिनियम, 1872? The second part dealt with the issue of factual evidence; Part III of the Act deals with how evidence must be provided. This section is divided into five chapters. Chapters VII to XI. Articles 101 to 114-A of Chapter VII deal with the question of the burden of proof. They point out that, in some cases, the burden of proving a fact lies with a particular person. Sections 112 and 113 deal with cases where conclusive evidence is available.
Paragraph 114 provides that the Court may presume the existence of certain facts which should occur in the ordinary course of natural phenomena, human activity and public and private transactions, without the need to prove them. Articles 115 to 117 of Chapter VIII deal with the question of confiscation, another rule of evidence. These provisions prohibit a person from making false statements by preventing him or her from making contradictory statements in court. A witness is considered competent if nothing in the law prevents him from appearing before the court and presenting evidence. A witness`s ability to understand and respond rationally to questions is determined whether or not he or she is competent. The first part consists of the preamble to the act and the first chapter. It contains definitions of terms used in the Act. This section is called provisional. The term « evidence » refers to the state of evidence, that is, simple, obvious or infamous. However, it is used to describe something that tends to produce evidence or evidence.
We can define evidence as a process that deals with both the law and procedures. 113A. Presumption of assisted suicide by a married woman: when determining whether a woman`s suicide was facilitated by her husband or a relative of her husband and when it is established that she committed suicide within seven years of marriage and that her husband or a relative of her husband treated her cruelly, The Court may consider, having regard to all the other circumstances of the case, that the suicide was facilitated by her husband or a relative of her husband. Examples of legal presumption are sections 79-85, 85 A. 85 B, 85 C and 113 B of the Act. The provisions of some of these sections are set out below: 79. Presumption of authenticity of certified true copies: The Court considers that: 8 Any document which purports to be a document, a certified copy or another document declared admissible by law as evidence of a particular fact and which purports to be duly certified by an official of the central or state government. 9 [the central government or the government of a state, or by an official 10 of the State of Jammu and Kashmir] duly authorized by the central government to do so: 113B.
Presumption of dowry: If the question is whether a person committed the death of a woman as a dowry and it turns out that the woman was cruel or harassed by that person shortly before her death due to or in connection with a demand for dowry, the court assumes that this person caused the death of the dowry. For conclusive evidence, see the provision of article 112, which reads as follows: 112. Birth during marriage, conclusive evidence of legitimacy: The fact that a person was born during the continuation of a valid marriage between his mother and a man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, is conclusive evidence that she is the legitimate son of that man, unless: It can be shown that the parties to the marriage never had access to each other if it could have been conceived. Relevance of the facts Section 5 The relevance of the facts is dealt with in sections 5 to 55 of the Evidence Act. Article 5 provides that proof of the facts in question and of all other facts declared relevant by articles 6 to 55 may be adduced. Paragraph 5 reads as follows: 5. Proof of disputed facts and relevant facts may be presented: in any action or proceeding, the existence of the non-existence of any disputed fact and other facts declared relevant below and no other facts can be established. Explanation: This section does not allow anyone to testify to a fact that he or she is not permitted to prove under a currently applicable provision of civil procedure. Illustrations a) A is accused of the murder of B by beating him with a baton to cause his death.
The main hearing concerns the following facts: A beats B with the racket; A causes the death of B by such blows; A`s intention to cause B`s death. Page 5 is the cornerstone of Chapter II, which deals with the relevance of the facts.
