Sections evidence act

1. Indian evidence Act, 1872
By- Shri Biswaranjan Rout, OSPS-II
Asst. Public Prosecutor
Bhubaneswar

2. 11 chapters, Section 167, Parts 03
Procedural / adjective law
Particular subject – special law
Applicable to both civil and criminal – sec.23 & 105.
Ubi jus ibl remedium – where there is right there is remedy.
Civil – A & B entered into a contract. A sues B for breach of contract. A has
to prove there is a contract between them. And B has violated the contract.
Criminal – A is prosecuted for the murder of B. So prosecution has to prove
that A killed B. And A had intention to kill B.
Purpose – proving & disproving of facts.
– What / How / Who
Fact
Falsus in uno falsus in omnibus – False in onething, false in everything
– has no appli
– A witness can’t be branded as liar

3.  Fact in issue – Breach of contract / A killed B with spear.
 Criminal – Allegation in the charge sheet
– Assertion by one and denial by other
– Prosecution to prove – Beyond all reasonable doubts
 Civil – Plaintiff to prove – Pre-ponderance of probability
 Three stop journey – investigation / inquiry – trial – judgment
 Relevant facts – any of the ways
– whether fii exists / does not exist
– indirect / circumstantial
– tools to prove / disprove

4. SECTION – 4
 Presumption
I. Meaning
II. Kinds
a) Presumption of fact
b) Presumption of law
i. Rebuttable of presumption
ii. Ir-rebuttable of presumption
c) Mixed presumption of fact & law

5. EVIDENCE (SEC.3)
 Evidence
a) Oral
b) Documentary
 Oral – Expressed / spoken by mouth / facts under inquiry (r/f)
i. Sec.3
ii. Sec.59 – All facts – except
– contents of documents / e.r.
iii. Sec.60 – O.E. must be direct – percieved through senses
– rule of best evidence – first hand
– rule of exclusion of hearsay evidence
Proviso – opinion of experts – absence – treaty
– material thing – fact in issue / relevant fact – production
 Evidence obtained by undesirable methods – Case law
 Hearsay (Sec.60) – excludes H.S. / indirect evidence
– does not give statement best upon his own
knowledge of another.

6. HEARSAY (SEC.60)
A murders B, C witness gives a statement that, C has seen the murder / killing
of B by A.
Not upon his own knowledge
Upon the knowledge of others
Indirect / hearsay evidence
Reasons – People’s memory are fragile & short – truth will be dilected /
diminished with each repetition.
– Person giving statement does not have any responsibility.
– Lacks truthfulness / accuracy / not delivered on oath / cannot be
tested by cross examination.
– Second hand evidence / exaggeration / fabrication.
– Litigations are likely to be prolonged.

7. Exception –
1. Res gestae – sec.6
2. Admissions & confession – Sec.17 to 23, 31, 24 to 30.
3. Statements relevant U/s 32.
4. Sec.34 / 35.
5. Sec.60 – Experts in treaties.
6. Sec.74
Relevant & Admissible – Matter of legal policy / legal fori
– Facts may be relevant but not admissible.
– But in order to admissible a fact must be relevant.

8. PRESUMPTION
 An inference of a fact drawn from other known / proved facts
 Rule of law
 Fact – 1 – proved – fact – 2 – presumed on fact 1
KINDS
Presumption of fact – May presume
– Provided / Natural presumption
– Discretion of the court / rebuttable
– Regard as proved negativated by a contrary proof
– May call proof for it.
e.g. Sec.86 to 88, 90 / 90-A / 113 / 113-A / 114.
 Presumption of law – Rebuttable P.O.L – shall presume
– Irrebuttable P.O.L – conclusive proof

9. R.P.O.L – SHALL PRESUME
– Directed by this act – Legislative intent.
– Obligatory / Court has no option but is bound mandatory to take the
fact as proved.
– Opposite party – Successful – disproving then the court shall not
presume the fact.
Example – Sec.79 to 85 / 89 / 111-A / 113-B
– Accuracy of maps / plans made by the Govt. authority
CONCLUSIVE PROOF – Irrebuttable P.O.L – Declared by this Act / no discretion
at all.
– On proof of one fact, regard the others as proved.
– Not to entertain to adduce evidence on it.
Example – Sec.41 / 112 / 113
– Sec.82 IPC
– Sec.115 to 117 estoppel

10. Sec.112 – It is always to be presumed that children are legitimate.
– Maternity is a fact but paternity is an matter of inferences.
– Rule for the proof of maternity.
Deciding factor – Point of time of birth of child.
– had access to the mother.
DOCUMENTARY EVIDENCE – SEC.61 TO 90
A witness may lie but a document shall not.
Witness – Living proof
Document – dead proof
– Superior to oral evidence and in many respects, in
trustworthiness.
Proof of document – Proved by the author or by any other evidence.
Sec.61 – Sec.62
Sec.64 – Best Evidence – Primary – in case of D.E.
Sec.62 – e.g. – A sale dead was executed between “A” & “B”.

11. Thank you