This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Lecture 2: Preliminary Aspects of the Indian Evidence Act, 1872Badrinath Srinivasan
This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam . The lecture deals with the preliminary portions of the Indian Evidence Act, 1872. The audio of the lecture can be accessed from here: https://bit.ly/2IW7n6D and the video can be seen at this page: https://youtu.be/NqWMY2EYabs
‘Evidence’ is derived from the Latin term “Evidere” which means – “to show clearly, to make plainly certain, to ascertain, to prove” Taylor says – (functional description of court process) “The word ‘evidence’ includes all legal means, exclusive of mere arguments, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation.”
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Relevancy of evidence under Section 7 of Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Relevancy of evidence under Section 6 of Evidence Act 1950Intan Muhammad
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
150 words agree or dis agree to each question Q1.Good even.docxjesusamckone
150 words agree or dis agree to each question
Q1.
Good evening class,
Courts have defined specific intent as the subjective desire or knowledge that the prohibited result will occur (People v. Owens, 1983). For intent to be present, it must be proved that the thought to conduct the act was present. The prosecution must be able to prove that the defendant had intent to achieve a specific goal in addition to the intent to commit the illegal act. Examples of the types of specific intent crimes are burglary, conspiracy, forgery, embezzlement and larceny. Because intent mainly refers to the state of mind, it is hard to prove with direct evidence and is usually inferred from the facts of the case. Evidence of intent is admissible to prove a specific-intent crime.
Which crimes might be easier to prove intent than others? General intent crimes are easier to prove and can also result in a less severe punishment. A basic definition of general intent is the intent to perform the criminal actor actus reus (People v. Mcdaniel,1979). If the defendant acts intentionally but without the additional desire to bring about a certain result, or do anything other than the criminal act itself, the defendant has acted with general intent.
What kinds of proof might be used for certain crimes than others? There are three standards of proof which are proof beyond a reasonable doubt, preponderance of the evidence and clear and convincing evidence. Preponderance of the evidence is the lowest standard of proof. It is used primarily in civil proceedings. This standard means that it is more likely than not that the facts are as that which one of the parties claim. Clear and convincing evidence is a step up from the preponderance. This requires that the evidence show that it is highly probable or probably certain that the thing alleged has occurred. Proof beyond a reasonable doubt refers to the standard of proof in criminal prosecutions. The prosecutor has the duty to convince the jury by proof beyond a reasonable doubt of each and every element of the crime before a jury should convict a defendant (People v. Mcdaniel, 1979).
V/r
Bryan
People v. Mcdaniel, 597 p.2d 124 (1979), accessed february 14, 2011, http://scholar.google.com/ scholar_case?case=8266915507346002022&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
People v. Owens, 131 mich. App. 76, 345 n.w.2d 904 [1983], accessed december 10, 2010, http://scholar.google.com/ scholar_case?case=4472828314482166952&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
Q2.
Proving intent can be challenging in criminal cases as in order to prove intent you must attempt to prove what a person was thinking and that the actions that the person took was for a distinct desired result. Criminal intent is when a suspect intends to do something wrong or something that is forbidden. The problem with proving criminal intent, mens rea, is it refers to the state of mind of an individual who makes a decision and that results in a criminal act. Wh.
Relevancy of evidence under section 14, 15, 16 of Evidence Act 1950 (2017-2018)Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Extract from an appeal to the Independent Office for police Conduct (IOPC) against the decision of Humberside Police in respect of a complaint (ref: CO/432/15). This matter concerns a police conduct complaint submitted 8 November 2015 which was initially dealt with by way of Local Resolution. The outcome (which was appealed and referred to the IOPC) was provided on 3 April 2017. On completing the review, the IOPC deemed the statutory conditions were not met for the matter to be suitable for local resolution and directed the force to fully investigate the complaint, taking into consideration further information such as evidence in support of alleged collusion between the police, CPS and Courts. Humberside Police ignored the IOPC and dealt with the complaint omitting to consider the further information and evidence and the IOPC was satisfied with how the complaint was investigated
a detailed description to Introduction to patents and its allied issues. Its object and scope have also been discussed. Few provisions from the Patent Act 1970 are also addressed.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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 part of same
transaction/Doctrine of ‘Res Gastae’ :
This section is based on the principle of ‘Res Gastae’ which
means ‘transaction, things done, the subject matter, things
said or done in the course 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 the end is reached.
In such cases it is proper that the chain of evidence should
be unbroken.
It is an exception to ‘hearsay evidence’.
4. Section 6
Relevancy of facts forming the part of 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 her address and the call 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
part of the same transaction.
5. Section 6
Relevancy of facts forming the part of same
transaction:
State of 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
part of same transaction.
Held: statement not relevant under section 6.
Sawal Das v. State of Bihar AIR 1974, SC 778.
“ At the time of the murder, the cry of deceased ‘save me’ and that of
the children that their mother was being killed are as res gastae.”
6. The word ‘same transaction’
Not defined under the Act.
Whether a fact forms part of the same transaction or not
depends upon whether they are related/ linked to one
another or 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 part of the same transaction.
7. Section 7
Occasion, cause, effect etc.
This section deals with a variety of facts such as those
which constitute the occasion or cause of, or provide
the opportunity for, the happening of the facts in
issues or which show their effects.
8. Section 7
The section thus provides for the relevancy of the
following kinds of facts:
1. Facts constituting the occasion.
2. Facts which show the cause.
3. The effects of the principal facts.
4. Facts which provide opportunity for happening of
the principal fact.
9. Section 7
Occasion:
See illustration (a) of this section.
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 money with him.
10. Section 7
Cause:
Cause often explains why a particular act was done.
It helps the court to connect a person with the act.
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, evidence can be given of the same.
Motive or cause is somewhat similar to each 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:
Every act leaves behind certain effects or proofs.
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 place of occurrence.
12. Section 7
Opportunity :
See illustration (c ) of this section.
The circumstances which provide an opportunity for the
happening of a fact in issue are relevant.
Evidence of opportunity becomes important as it shows
that the act must have been done by the person who had
the opportunity to do 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 opportunity of having committed theft.
13. Section 7
State of 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 the other facts show the state of things.
14. Section 8
Section 8 provides for the relevancy of three principal
facts which are very 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 hardly any act without a motive.
Motive is the moving power which compels one to do
an act. It is the reason behind committing a crime.
Ex. Murder of the old lady for inhering her property, to
take revenge, to commit crime out of jealousy etc.
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
evidence available.
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
intention was not to kill the man.
17. Section 8
Preparation
Facts which show or constitute preparation for any fact
in issue or relevant fact are 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.
18. Section 8
Conduct :-
Previous or subsequent
See illustration (f) and (g)
19. Section 9
Facts necessary to explain or introduce relevant 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 deals with ‘Test identification parade’.
No provision in Cr.p.c till 2005, However new section
was added, i.e. Sec. 54-A
It was added in the year 2005 , by way of amendment.
TI parade means identity of a person by witness or a
victim who was involved in a crime.
20. Section 9
TI Parade- When necessary?
1. When accused is not known to the victim or
witnesses.
2. When name of the accused does not appear in F.I.R.
3. Section 279, riot cases.
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
Identity of physical features also becomes relevant:
Such as age, height, hair, complexion and other
circumstances that provide a material for proving the
identity of 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 prints of the accused.
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 the court whether to accept it or reject it.
Suresh Chand Bahri v. State of Bihar AIR 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. State of 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 for corroboration.
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
Dana yadav v. State of Bihar AIR 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 waste of public time.
State of 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 the effect of the TI parade.
25. Section 10
Things said or done by conspirator in reference to
common design.
The term ‘Conspiracy’ means combination of two or
more persons for unlawful 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 to do an 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. State of 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,
act of one conspirator becomes the act of the other.”
Ammani & others v. State of 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 against other accused 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
usable against all the accused persons.
29. Section 11
When facts not otherwise relevant become relevant
This section is based on doctrine of ‘plea of alibi’.
‘Plea of alibi’ means presence of the accused elsewhere
at the time of the crime.
This is one kind of defence taken by an accused person
to avoid criminal liability.
The plea of alibi postulates the physical impossibility
of the presence of the accused at the scene of the
offence by reason of his presence at another place.
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
somewhere else.
Note: The burden of proof in this case lies on the
person who wants to take benefit of plea of 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 to a particular suit.
If one party to a suit or any other proceeding proves
that the other party has admitted his case, the work of
the court becomes easier.
See section. 58 i.e. facts admitted 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 representative of the deceased person.
By any agent of the party.
By power of attorney.
By pleader or advocate.
Persons interested in the subject matter of 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 the same or his agent or representative.
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 confessions are admissions but all
admissions are not confessions”.
37. Confession:
Ingredients of a confession:
1. It should be voluntarily made.
2. It should be made in the presence of the magistrate.
3. It shall read over to the accused and taken into
writing.
4. It shall be signed by the accused and the Magistrate.
5. Confession of co-accuses may be used against other
accused.
38. Confession:
Types of Confession:
1. Judicial confession
2. Extra-judicial confession
Judicial confession are those which are made before
the Magistrate in due course of legal proceedings ex.
Under section 164 of cr.p.c.
Extra- Judicial confession are those which are made
by the party elsewhere than before a Magistrate or in
court.