2. Section 5
⚫Evidence may be given in a suit or proceeding of:
Facts in issue
Relevant facts
Existence/non existence of a thing
Note: it means the court must take evidence of the
relevant facts only and of no others.
Section 6 to 55 deals with relevancy of facts.
3. Section 6
⚫Relevancy of facts forming the partof same
transaction/Doctrineof ‘Res Gastae’ :
This section is based on the principle of ‘Res Gastae’ which
means ‘transaction, things done, the subject matter, things
said ordone in thecourse of a transaction etc.’
The res gastae as applied to a crime means the complete
transaction from its starting point in the act of the accused
until theend is reached.
In such cases it is proper that the chain of evidence should
be unbroken.
It isan exception to ‘hearsayevidence’.
4. Section 6
⚫Relevancy of facts forming the partof same transaction:
⚫ Ratten v
. The Queen (1971) 3 W.L.R. 930
A man was prosecuted for the murder of his wife. His defence
was that the shot went off accidently. There was evidence to the
effect that the deceased telephoned to say : “Get me the police”.
Before the operator could connect to the police, the caller, who
spoke in distress, gave heraddress and thecall suddenly ended.
Thereafter police came to the house and found the body of a
dead woman.
Held: Her call and words she spoke were held to be relevant as a
partof the same transaction.
5. Section 6
⚫Relevancy of facts forming the part of same
transaction:
⚫Stateof AP v. Panna Satyanarayan AIR 2000 SC 2138
⚫ The accused murdered his wife and daughter. The father of the
deceased wife stated that father of accused told him on
telephone that his son had killed the deceased. There was no
finding as to whether the information given by accused father to
the deceased’s father that the accused had killed the deceased
was either of the time or immediately thereafter so as to form the
partof same transaction.
⚫ Held: statement not relevant undersection 6.
⚫Sawal Dasv. State of BiharAIR 1974, SC 778.
⚫ “ At the timeof the murder, thecry of deceased ‘save me’ and thatof
thechildren that their motherwas being killed areas res gastae.”
6. The word ‘same transaction’
⚫Notdefined under the Act.
⚫Whether a fact forms part of the same transaction or not
depends upon whether they are related/ linked to one
anotheror not.
⚫Def’n by Stephen: “ A transaction is a group of facts,
connected together to be referred to by a single legal name,
a crime, a contract, a wrong or any other subject of enquiry
which may be in issue.”
⚫The words spoken by the person doing the act, or by the
person to whom they were done or by the bystanders are
relevant as a partof the same transaction.
7. Section 7
⚫Occasion, cause, effectetc.
⚫This section dealswith avarietyof facts such as those
which constitute the occasion or cause of, or provide
the opportunity for, the happening of the facts in
issuesorwhich show theireffects.
8. Section 7
⚫The section thus provides for the relevancyof the
following kindsof facts:
1. Factsconstituting theoccasion.
2. Factswhich show thecause.
3. Theeffectsof the principal facts.
4. Factswhich provideopportunity for happening of
the principal fact.
9. Section 7
⚫Occasion:
⚫See illustration (a) of thissection.
If a man claims that he was robbed of money on the
occasion of a certain fair, he should be able to show
that he had money with him, for otherwise there
would be no occasion to rob him. The fact that on the
way he told one of his friends that he was going to the
fair with money would be relevant as this shows that
he did have moneywith him.
10. Section 7
⚫Cause:
⚫Causeoften explains whya particularactwasdone.
⚫It helps thecourt toconnecta person with theact.
⚫Ex. If a person is running short of money, that may
cause him to take a loan. And if he denies the fact of
the loan, evidencecan be given of the same.
⚫Motiveorcause is somewhatsimilar toeach other.
⚫Ex. Whether a person thrown acid on girl is a fact in
issue. The evidence can be given of the cause, why he
committed such offence.
11. Section 7
⚫Effect:
⚫Everyact leaves behind certain effectsorproofs.
⚫See illustration (b) of this section.
⚫Ex. Whether death of a person was suicidal or murder.
It can be determined by looking at the effects of the
incident.
⚫Ex. When a human being is cut into pieces on the
ground, there shall be bleeding and the blood will be
found on the placeof occurrence.
12. Section 7
⚫Opportunity :
⚫See illustration (c ) of thissection.
⚫The circumstances which provide an opportunity for the
happening of a fact in issueare relevant.
⚫Evidence of opportunity becomes important as it shows
that the act must have been done by the person who had
theopportunitytodo it.
⚫Ex. A is charged for entering B’s room in night for stealing
money. The fact that A lived in the same house, and that
there were interconnecting doors, are relevant facts as
giving opportunityof having committed theft.
13. Section 7
⚫Stateof things:
⚫The facts which constitute the state of things under which
or in the background of which the principal facts happened
are relevant.
⚫Ex. In a murder trial evidence was led to the effect that
when it became cloudy and stormy, when the electricity
failed and when it became very dark, the murder was
committed. In this case the fact of murder is principal fact
and theother facts show the stateof things.
14. Section 8
⚫Section 8 provides for the relevancyof three principal
factswhich arevery important:
1. Motive
2. Preparation
3. Conduct
15. Section 8
⚫Motive:
⚫Facts which show a motive for any facts in issue or
relevant facts, are relevant.
⚫There is hardlyanyactwithouta motive.
⚫Motive is the moving power which compels one to do
an act. It is the reason behind committing a crime.
⚫Ex. Murderof the old lady for inhering her property, to
take revenge, tocommitcrime outof jealousyetc.
16. Section 8
⚫Intention & Motive:
⚫Intention and motive should not be confused with
each other.
⚫Intention is considered as the highest form of mens
rea.
⚫Whereas motive may be useful where there is no direct
evidenceavailable.
⚫Ex. If a man fires at a tiger, but the aim is missed and
the man is killed, he intends to kill the tiger. His
intentionwas not to kill the man.
17. Section 8
⚫Preparation
⚫Facts which show or constitute preparation for any fact
in issueorrelevant factare relevant.
⚫Ex. An act of purchasing a pistol is no offence. But the
moment he kills any person with same pistol, then
evidence can be given of preparation to commit a
crime.
⚫In case of bomb blast, people sitting together and
conspiring to commit a bomb blast would be relevant
as evidence.
19. Section 9
⚫Facts necessary toexplain or introducerelevant facts:
⚫When the court has to know the identity of any thing
or any person, any fact which establishes such identity
is relevant.
This section dealswith ‘Test identification parade’.
No provision in Cr.p.c till 2005, However new section
wasadded, i.e. Sec. 54-A
Itwasadded in theyear 2005 , bywayof amendment.
TI parade means identity of a person by witness or a
victim whowas involved in acrime.
20. Section 9
⚫TI Parade- When necessary?
1. When accused is not known to the victim or
witnesses.
2. When nameof theaccused does notappear in F.I.R.
3. Section 279, riotcases.
o TI Parade- Why necessary?
1. To enable the witnesses to identify the real accused
person.
2. For satisfaction of police officers that investigation is
moving in a right direction.
21. Section 9
⚫Identityof physical featuresalso becomes relevant:
⚫Such as age, height, hair, complexion and other
circumstances that provide a material for proving the
identityof a person.
⚫Identification by fingerprint: The identity of finger
impressions is the strongest evidence of the identity of
person and such evidence is admissible.
⚫Identity by foot marks: Evidence of tracker is
admissible if proved that the foot-prints in question
are identical with foot printsof theaccused.
22. Section 9- Imp case laws
⚫In fact there is no fixed rule as regards the period
within which identification parade must be held. It is
for thecourtwhethertoaccept itorreject it.
⚫Suresh Chand Bahri v. Stateof BiharAIR 1994 SC 2420
⚫TI Parade must be held at earliest possible opportunity
with necessary safeguard and precaution. However,
when accused had been seen by the witness for quite
number of times at different point of time and place
then no TI parade is necessary.
23. Section 9- Imp case laws
⚫Ram babu v. Stateof UP AIR 2010 SC 2143.
⚫Held: The purpose of the TI parade is to test and
strengthen trustworthiness of the evidence of the
witness in the court. The evidence generated by the a
TI parade is used forcorroboration.
⚫Rajesh Govind Jogesh v State of Maharshtra AIR 2000
SC 160.
⚫Held: The delay in holding parade must be
satisfactorily accounted for. The explanation that no
magistrate was available in Bombay for 5 weeks for
supervising the parade was held to be not satisfactory.
24. Section 9- Imp case laws
⚫Danayadav v. Stateof BiharAIR 2002 SC 3325.
⚫Held: where the accused was already well-known to
the witnesses, the Supreme Court observed that the
holding of an TI parade would be wasteof public time.
⚫Stateof MP v. Chamru AIR 2007 SC 2400.
⚫Held: Where the photographs of the accused were
shown to two of the child witnesses before the TI
parade, that took away theeffectof the TI parade.
25. Section 10
⚫Things said or done by conspirator in reference to
commondesign.
⚫The term ‘Conspiracy’ means combination of two or
more persons forunlawful purposes.
⚫Section 120-A and 120-B of IPC deals with criminal
conspiracy.
⚫Agreement between two or more persons form an
essential ingredient.
⚫Such agreement is formed todoan illegal act.
26. Section 10
⚫What things are relevant under section 10?
⚫Any thing said, done or written by any one of the
conspirators is relevant against all the conspirators.
⚫That the conspiracy existed is relevant.
⚫And every such conspirator or a person was a party to
it.
⚫‘Common intention’ was there to do an unlawful thing.
27. Section 10
⚫Imp. Case laws:
⚫Shivnarayan v. Stateof Maharashtra AIR 1980 SC 439.
⚫Held: “Act of a conspirator is act of another. Under the
principle contained in section 10 of the Evidence Act,
once a conspiracy to commit an illegal act is proved,
actof oneconspiratorbecomes theactof theother.”
⚫Ammani & othersv. Stateof Kerala AIR 1998 SC 260.
⚫Held: “Where there was reasonable ground to believe
that the other accused had conspired together in
committing murder, the confession made by accused
could be used againstotheraccused also.”
28. Section 10
⚫Imp. Case laws:
⚫State of Maharashtra v. Damu Shinde 2000, Cri.L.J.
2301 SC
⚫Held: four accused persons conspired to commit
abduction and murder of children. One of them made
a confession in which he referred to what the other
accused had said and done in reference to their
common intention. The confession was held to be
usableagainstall theaccused persons.
29. Section 11
⚫When facts nototherwise relevant become relevant
⚫This section is based on doctrineof ‘pleaof alibi’.
⚫‘Plea of alibi’ means presence of the accused elsewhere
at the timeof thecrime.
⚫This is one kind of defence taken by an accused person
toavoid criminal liability
.
⚫The plea of alibi postulates the physical impossibility
of the presence of the accused at the scene of the
offence by reasonof his presenceatanotherplace.
30. Section 11
⚫ Example:
⚫A person is charged with murder which took place at
Calcutta, he can take defence that on that day, he was
somewhereelse.
⚫Note: The burden of proof in thiscase lieson the
person whowants to take benefit of pleaof alibi.
31. Admissions and Confessions
⚫Provisions of admission are given from section 17 to 23
of Indian Evidence Act.
⚫Meaning of admission:
⚫Admissions are statements made by parties before the
court relating toa particularsuit.
⚫If one party to a suit or any other proceeding proves
that the other party has admitted his case, the work of
thecourt becomeseasier.
⚫See section. 58 i.e. factsadmitted need not be proved.
32. Admission
⚫Admissions are statements made by a party in 3 forms.
i.e.
1. Oral;
2. Documentary ; &
3. Electronic form.
Note: Admission is usually followed in civil cases or a
suit rather than criminal cases.
33. Admission
⚫Admissions can be made by the following persons or
parties:
⚫A party to the proceeding.
⚫By legal representativeof thedeceased person.
⚫Byanyagentof the party.
⚫By powerof attorney.
⚫By pleaderoradvocate.
⚫Persons interested in the subject matterof the suit.
34. Admission
⚫Imp. Points:
⚫By admitting facts a person admits his liability. An
admission therefore binds its maker.
⚫The statement to be called an admission must suggest
or throw some light on the fact in issue or a relevant
fact.
⚫Ex. Admission of a fact as to signature on any
document.
⚫Admissions can be proved as against the person
making thesameor his agentorrepresentative.
35. Admission
⚫Imp. Points:
⚫Admission , though it not conclusive proof, but may
act as Estoppels.
⚫Doctrine of Estoppel meaning:
⚫“It prevents a person from denying a particular fact
which he has previously admitted.”
36. Confession:
⚫Provisions from section 24 to 30 of Evidence Act r/w
section 164 of Cr.p.c.
⚫Definition by Stephen:- “ A confession is an admission
made any time by a person charged with a crime
stating or suggesting an inference that he committed
crime”.
⚫Confession is usually followed in criminal cases.
⚫It is said that “ all confessionsareadmissions butall
admissionsare notconfessions”.
37. Confession:
⚫Ingredientsof aconfession:
1. Itshould bevoluntarily made.
2. Itshould be made in the presenceof the magistrate.
3. Itshall read over to theaccused and taken into
writing.
4. Itshall be signed by theaccused and the Magistrate.
5. Confession of co-accuses may be used againstother
accused.
38. Confession:
⚫Types of Confession:
1. Judicial confession
2. Extra-judicial confession
Judicial confession are those which are made before
the Magistrate in duecourseof legal proceedings ex.
Undersection 164 of cr.p.c.
Extra- Judicial confession are those which are made
by the partyelsewhere than beforea Magistrateor in
court.
