• About the book
• Chapterization

ABOUT THE BOOK

• The book provides a comprehensive study of the principles of the Law of Evidence underlining the provisions of the Indian Evidence Act, 1872.  

• This edition has covered amendment of the Evidence Act by the Criminal Law (Amendment) Act, 2018 and latest and landmark judgments of Supreme Court and High Courts. 

• Decisions regarding the last seen theory, testimony of eye witnesses, benefit of doubt to co-accused, dowry deaths, corroboration for hand writing expert reports, past character of accused, estoppel and many more have been incorporated in this edition. 

• The book shall be useful to students of law, researchers, teachers and candidatesappearing in judicial and civil services examinations. 

PART I

RELEVANCY OF FACTS

CHAPTER 1

NATURE AND FUNCTIONS OF THE LAW OF EVIDENCE

        Function

        Preamble

1.     Short Title, Extent and Commencement

—  Lex fori

—  Judicial proceeding

2.     Repeal of enactments [Rep.]

3.     Interpretation clause

—  Court

—  Evidence

—  Evidence obtained by undesirable means

—  Evidence obtained in investigation of other crimes

—  Affidavit

—  First Information Report (FIR)

—  Confession of co-accused

—  Panchnama

—  Recorded tapes

—  Tracker Dog

—  Electronic records

—  Memory Card/Pen Drive

—  Departmental enquiry

—     Facts

—  External and internal facts

—     Facts in Issue

—  Elements of facts in issue

—     Proved

—     Disproved

—     Not proved

—     Proof of Facts in Issue

—  Direct Evidence

—  Circumstancial Evidence

—  Evidence to be confined to facts in issue and relevant facts

—     Relevant

—  Relevant Facts

—  Relevancy and admissibility

—  Application to civil and criminal proceedings

4.            "May presume"

—   "Shall presume"

—   "Conclusive proof"

CHAPTER 2

RELEVANCY OF FACTS

5.            Evidence may be given of facts in issue and relevant facts

RES GESTAE

6.             Relevancy of facts forming part of same transaction

—  Doctrine of res gestae or parts of transaction

—   Acts or Omissions as Res Gestae

—   Statements as Res Gestae

—   Res gestae and hearsay

—   Evidence on the basis of record

OCCASION, CAUSE, EFFECT, ETC.

7.            Facts which are the occasion, cause or effect of facts in issue

—   Occasion

—   Cause

—   Effects

—   Opportunity

—   State of things

MOTIVE, PREPARATION AND CONDUCT

8.            Motive, preparation and previous or subsequent conduct

—   Motive

—   Preparation

—   Conduct

—   Value of Evidence of Conduct

—   Conduct influencing facts or influenced by them

—   Relevancy of Statements

(1)  Statements accompanying or explaining conduct

(2)  Statements affecting conduct

EXPLANATORY, INTRODUCTORY ETC., FACTS

9.            Facts necessary to explain or introduce relevant facts

—     Types of evidence covered by the section

—     Introductory or explanatory facts

—     Facts which support or rebut inferences

—     Identity of a person

— Photofits

— Test Identification Parade

— Delay in holding

— Where accused already known to witness

—Identification of more than one accused in same parade

— Identification parade, when necessary

— TI parade when not necessary

— Untrusworthy identification

— Identification in Court

— Identification on video recording

— Identification by voice

— Identification of articles belonging to deceased

—    Identity of things

—    Time or place of happening

—    Relation of parties

EVIDENCE TO PROVE CONSPIRACY

10.           Things said or done by conspirator in reference to common design

—    Evidence to prove conspiracy

—    Reasonable ground to believe existence of conspiracy

—    Rule in R. v. Blake

—    Principle of Section 10

—    Confessional Statements

—    Difference between English and Indian Laws

11.           When facts not otherwise relevant become relevant

—    Inconsistent facts and probabilities

—    Inconsistent facts : Plea of alibi

—    Facts showing Probabilities

—    Wide scope of the section

12.           In suits for damages, facts tending to enable court to determine amount are relevant

—    Damages

13.           Facts relevant when right or custom is in question

—    Customs or Rights

—    Whether judgment is a transaction

14.           Facts showing existence of state of mind, or of body or bodily feeling

—    State of mind or body or bodily feeling

— Mental elements in liability

—  Facts showing requisite state of mind relevant

—  State of body or bodily feeling

—  Contemporaneous statements about state of body or bodily feeling

—  Evidence of specific facts, not general tendency (Explanation 1)

—  Evidence of previous convictions (Explanation 2)

EVIDENCE OF SIMILAR FACTS

Meaning of similar facts

Exclusion of similar fact evidence

Position under Indian Evidence Act

—  General instances

—  Exceptions to exclusion of similar fact evidence

15.            Facts bearing on question whether act was accidental or intentional

1.    To prove system or design or to overthrow the defence of Accident

2.    To prove mental element

—  Applicable to Civil Proceedings also

3.    To establish Identity of Accused

—  Exclusion of similar fact evidence rule of practice, not of law

— Evidence of modus operandi

16.            Existence of course of business when relevant

—  Things done in the course of business

—  Rebuttable presumption

ADMISSIONS

17.            Admission defined

—  Definition

—  Reasons for admissibility of admissions

—      Formal or Judicial admissions

—      Informal or casual admissions

—  Admission and hearsay

—      Admissions by conduct

18.            Admission by party to proceeding or his agent ; by suitor in representative character ; by party interested in subject-matter ; by person from whom interest derived

—  Persons whose admissions are relevant

—      Parties to suit or proceeding

—      Agents of parties

—      Statements in representative character

— Statement of Third Parties

— Persons having pecuniary or proprietary interest in subject-matter

— Predecessor-in-title

19.            Admissions by persons whose position must be proved as against party to suit

—  Persons whose position is in issue

20.            Admissions by persons expressly referred to by party to suit

—  Statements by referees

21.            Proof of Admissions against persons making them, and by or on their behalf

—  Who can prove admissions

1.   When the statement should have been relevant as Dying Declaration or as that of a deceased person under S. 32

2.    Statements as to bodily feeling or state of mind

3.   When otherwise relevant

—Statements when relevant

22.            When oral admissions as to contents of documents are relevant

—  Oral Admissions as to contents of document

22A. When oral admission as to contents of electronic records are relevant.

—  Presumption of genuineness of electronic records

23.            Admissions in civil cases, when relevant

—  Without prejudice communications

— Communications without dispute not protected from disclosure

—  Statements not related to dispute not protected

—  Disclosure with the consent of both parties

—  Admissions made to lawyer

—  Effect of admissions

—  Admission in earlier round of proceedings

—  Admissions not conclusive proof

—  Waiver of proof

—  Estoppel of the party admitting

Definition

—  Confessions carrying inculpatory and exculpatory statements

—  Under English law confession not rejected only because of exculpatory statements

—    Supreme Court takes notice of developments in English law Form of confession

Extra-judicial confession must be voluntary

24.        Confessed caused by inducement, threat or promise, when irrelevant in criminal proceeding

—  Induced Confessions

1.     Inducement, threat or promise

2.     Person in authority

3.     Inducement, threat or promise should be in reference to charge

4.     Benefit of temporal nature

—  Reliability of judicial confession

—  Burden of proof

—  Confession after removal of impression caused by threat etc.

CONFESSION TO POLICE

25.      Confession to police officer not to be proved

—  Reasons for exclusion of confessions to police

—  Effect of police presence

—  Exclusion of confessional statements only

—  Statements during investigation and before accusation

—  Confessional FIR

—  Who is police officer

—  English law on confessions to police

—  Statement not amounting to confession

—  Use of confessional statement by accused

—  Special legislation

26.      Confession by accused while in custody of police not to be proved against him

—  Confession in police custody

—   Police custody

—   Presence of Magistrate

27.      How much of information received from accused may be proved

—  Confessions to police and consequential discoveries

—  Supreme Court observation about value of the provision in Sec. 27

—  Section 26 and 27 compared

—  Fact discovered

—  Constitutional validity upheld

—  Recovery during illegal remand to police

—  Some examples

—  Place of hiding

—  Voluntary disclosure and recovery

—  Evidence only against maker of statement

—  Proof of exact statement necessary

—  Police Display of Weapons Recovered

—  Witness to statement

—  Witnesses of Recovery

—  Identification of Recovered Articles

—  Delay in Discovery

—  Non recovery

28.        Confession made after removal of impression caused by inducement, threat or promise relevant

—  Confession made after removal of inducement

29.      Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.

—  Confession made under promise of secrecy etc.

30.      Consideration of proved confession affecting person making it and others jointly

under trial for same offence

—  Confession of co-accused

—  Acquittal of confessing co-accused

—  Evidentiary value of confession

—  Procedure of recording judicial confession

—  Retracted confession

—           Admission and confession distinguished

31.        Admission not conclusive proof, but may estop

STATEMENTS BY PERSONS WHO CANNOT BE

CALLED AS WITNESSES

32.      Cases in which statements of relevant fact by person who is dead or cannot be found etc., is relevant

(1)    When it relates to cause of death

(2)    Or is made in course of business

(3)    Or against interest of maker

(4)    Or gives opinion as to public right or custom or matters of general interest

(5)    Or relates to existence of relationship

(6)    Or is made in will or deed relating to family affairs

(7)    Or in document relating to transaction mentioned in Section 13, Clause (a)

(8)    Or is made by several persons and expresses feelings relevant to matter in question

—     Requirements of S. 32

—     Dying declaration or statements relating to cause of death

—     Dying declaration in English law

—     Dying declaration under clause (1) of S.32, Evidence Act

—  Anticipation of death not necessary

—  Statement of accused under S. 162 Cr. P.C.

—  Proximity of time between statement and death

—  Acceptancc of Pakala ruling by Supreme Court

—  Declaration must be about declarant's cause of death

—  Need for corroboration

—  Comparison with Testimony of Accomplice

—  Some General Propositions : Factors in reliability

—  Statements made to or implicating relatives

—  F.I.R. as dying declaration and statements recorded by police

—  Contradiction in F.I.R. and Dying Declaration

—  Complaint as dying declaration

—  Delay in recording

—  Importance of facts and circumstances

—  Multiple dying declarations

—  Identification through dying declaration

—  Statements made by signs

—  Question-answer form

—  Language of statement

—  Oral declaration

—  Thumb impression

—  Where declarant survives

—  Medical report

—  Dowry Deaths, wife burning, etc.

—  Contradictory dying declaration

—  Honour killing

—  Statement of Doctor

—  Absence of medical statement of fitness

—  Dying woman, person of unsound mind

—  Victim of rape and murder

—  Statements made in course of business

—  Statements against interest of maker

—  Declaration as to public rights

—  Declaration as to relationship or pedigree

—  Statements in documents as to custom or usage

—  Statements of several persons expressing feelings

33.            Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated

—  Relevancy of evidence in prior Judicial proceedings

—  Any person authorised by law to take evidence

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

34.            Entries in books of account when relevant

—  Entries in books of account

—  Books of account

—  Copies of or Extracts from Books

—  Probative value

—  Bankers' Books Evidence Act

—  Books in Electronic Form

35.               Relevancy of entry in public record, or an electronic record,

—  made in performance of duty

—  Entries in public records

—  Evidentiary Value

—  Applicable to civil and criminal cases alike

—  Decree and judgment-reaching finality

—  Electronic Record

—  Marriage Certificate by Advocate

—  Presumption of marriage from public records

36.           Relevancy of statements in Maps, Charts and Plans

—  Satements in maps, charts and plans

37.                Relevancy of statement as to fact of public nature contained in certain Acts or Notifications

—  Facts of public nature stated in Acts or Notifications

38.           Relevancy of statements as to any law contained in law-books

—  Statements as to law in law books

HOW MUCH OF A STATEMENT IS TO BE PROVED

39.            What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

—  Relevancy of part of statement, etc.

RELEVANCY OF JUDGMENTS

—  Judgments generally not relevant

JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT

40.            Previous judgments relevant to bar a second suit or trial

—  Judgments having the effect of res judicata

—  Simultaneous civil and criminal proceedings on the same cause

41.            Relevancy of certain judgments in probate etc., jurisdiction

—  Judgments in rem

—  Conclusive proof and effective date

—  Who can raise objection?

42.            Relevancy and effect of judgments, orders or decrees other than those mentioned in Section 41

—  Judgments upon matters of public nature

43.            Judgments, etc. other than those mentioned in Sections 40 to 42 when relevant

—  When judgment is fact in issue or relevant fact

44.            Fraud or collusion in obtaining judgment, or incompetency of court, may be proved

—  Evidentiary value of judgments when obtained by fraud or collusion

OPINIONS OF THIRD PERSONS WHEN RELEVANT

Evidence of opinion

45.       Opinions of Experts

—   Expert opinion

—   Authors of books

—   Who is an expert?

—   Subjects on which experts can testify

—   Foreign law

—   Matters of Science or Art

—   Brain mapping test

—   Identity of handwriting or finger impressions

—   Other technical matters

—   Legitimacy of child, DNA test

—   DNA test in rape cases

—   Compelling non-party to undergo test, not permissible

—   Medical examination for potency

—   Value of Expert opinion

—   Corroboration not necessary

—   Medical examination of accused

45A   Opinion of Examiner of Electronic Evidence

46.            Facts, bearing upon opinion of experts

47.            Opinion as to handwriting, when relevant

—   Opinion as to handwriting

—   Modes of proving handwriting

47A.  Opinion as to electronic signature when relevant.

48.            Opinion as to existence of right or custom, when relevant

—   Opinion as to general customs or rights

49.            Opinion as to usages, tenets, etc., when relevant

50.            Opinion on  relationship when relevant

—   Opinion as to relationship expressed by conduct

51.            Grounds of opinion, when relevant

CHARACTER WHEN RELEVANT

52.            In civil cases character to prove conduct imputed irrelevant

—   In civil cases

—   Exceptions

1.    Character as affecting damages

2.    When character is in issue

3.    When character appears from other relevant evidence

—   In criminal cases

—    Evidence of good character relevant

53.            In criminal cases previous good character relevant

53A   Evidence of character of previous sexual experience not relevant in certain cases

—   Presumption of absence of consent in rape matters

54.            Previous bad character not relevant, except in reply

—   When prosecution can give evidence of bad character

—   Exceptions

1.     To rebut prior evidence of good character

2.     Where character is in issue

3.     When otherwise relevant

55.            Character as affecting damages

—   Meaning of character

—   Reputation and Disposition

—   Character and Convictions

—   General Reputation, not Specific Instances

ON PROOF

CHAPTER 3

FACTS WHICH NEED NOT BE PROVED

56.            Fact judicially noticeable need not be proved

57.            Facts of which Court must take judicial notice

—   Judicial notice

—   Constitutional, political and administrative matters

—   Law, Regulations and general customs

—   Matters of common knowledge

—   Judicial notice of value of services of housewife

—   Judicial notice, fact of marriage in Army record

—   Consultation of books and witnesses

—   Notice of subsequent events

58.            Facts admitted need not be proved

—   Facts admitted

—   Adversary system

—   Effect of admissions

—   Facts presumed

CHAPTER 4

MODES OF PROOF

59.            Proof of facts by oral evidence

ORAL EVIDENCE

—   Definition of Oral Evidence

—   Electronic Records

60.            Oral evidence must be direct

—   Direct oral evidence

—   Exclusion of hearsay evidence

—   Exceptions to hearsay

1.    Res Gestae

2.    Admissions and Confessions

3.    Statements relevant under S. 32

4.    Statements in public documents

5.    Evidence in former proceedings

6.    Statement of experts in treatises

7.    Miscellaneous

—Identity of a car through its engine number

—Statements made to witness by person not called

—Acts of officers constituting inspecting party

Computer printouts

Court's discretion to assure quality of evidence

Interested or partisan witness

CHAPTER 5

DOCUMENTARY EVIDENCE

Meaning of Documentary Evidence

 Recorded tapes

61.            Proof of contents of documents

—   Improperly stamped document

62.            Primary Evidence

63.            Secondary Evidence

—   Oral account of document

—   All categories are of equal ranking

—   List is not exhaustive

—   Newspaper Reports

—   Call records of cellular phones

64.            Proof of documents by primary evidence

—   Proof by Primary Evidence

—   Objection to proposed mode of proving document to be raised at trial

65.           Cases in which secondary evidence relating to documents may be given

—   When secondary evidence can be given

—   Types of secondary evidence in different situations

—   Information Technology Act, 2000

65A. Special provisions as to evidence relating to electronic record.

65B. Admissibility of electronic records.

—   Evidence relating to electronic records

—   Requirements as to relevancy of computer output —Audio C.D.

—   Video-Conferencing

—   Family Courts Act

66.            Rules as to notice to produce

—   When notice not necessary

—   Refusal to produce original after notice, effect

—   Requirement of notice to be strictly complied with

—   Original lost or destroyed

—   Original not easily movable

—   Miscellaneous

—   Proof of Contents

67.            Proof of signature and handwriting of person alleged to have signed or written document produced

—  Execution of documents and proof of handwriting

67A.   Proof as to electronic signature

68.           Proof of execution of document required by law to be attested

—   Documents required by law to be attested

—   Proof of "Will"

—   Will surrounded by suspicious circumstances

—   Codicil

69.           Proof where no attesting witness found

—   Where no attesting witness available

70.           Admission of execution by party to attested document

—   Admission of execution

71.           Proof when attesting witness denies the execution

—   Where attesting witness denies execution

72.           Proof of document not required by law to be attested

—   Where no attestation necessary

73.            Comparison of signature, writing or seal with others admitted or proved

—   Comparison of handwriting, seal etc.

—   Power to ask for specimen handwriting

—   Specimen handwriting of stranger

—   Mode of signature

—   Expert opinion

73A. Proof as to verification of digital signature.

PUBLIC DOCUMENTS

74.           Public documents

—   Two kinds of public document

—   Banker's Book

—   Company's annual return

75.           Private documents

PROOF OF PUBLIC DOCUMENTS

76.           Certified copies of public documents

77.           Proof of documents by production of certified copies

78.           Proof of other official documents

—   Proof of official documents

PRESUMPTIONS AS TO DOCUMENTS

79.           Presumption as to genuineness of certified copies

80.           Presumption as to documents produced as records of evidence

81.           Presumption as to gazettes, newspapers, private Acts of Parliament and other documents

—  Gazettes, newspapers, private Acts of Parliament, etc.

—  Bill of Lading

—  Election matters

81A. Presumption as to Gazettes in electronic forms

82.    Presumption as to documents admissible in England without proof of seal or signatures

83.    Presumption as to maps or plans made by authority of Government

84.    Presumption as to collections of laws and reports of decisions

85.    Presumption as to power of attorney

85A. Presumption as to electronic agreements

85B. Presumption as to electronic records and electronic signature

85C. Presumption as to electronic signature certificates

86.    Presumption as to certified copies of foreign Judicial Record

87.    Presumption as to books, maps and charts

88.    Presumption as to telegraphic messages

88A. Presumption as to electronic messages

89.    Presumption as to due execution, etc. of documents not produced

90.    Presumption as to documents thirty years old

—  Documents thirty years old

—   Thirty years old

—   Proper custody

—   Gazette Notification

—    No presumption as to correctness etc.

—    No presumption as to copies

—   Wills

—   Statements and declarations

—   U.P. Amendment

MISCELLANEOUS PRESUMPTIONS

Presumption as to electronic records five years old.

—   Five years old electronic records

CHAPTER 6

OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE

91.            Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents

—   Exclusion of oral by documentary evidence

—   Document should be proved by the writing

—   Oral account of contents of document is not oral evidence

—   Exclusion confined to contract, grant or disposition

92.           Exclusion of evidence of oral agreement

—   Exclusion of evidence of oral agreement

—   Exceptions

1.    Validity of document

2.    Matters on which document is silent

3.    Condition precedent

4.    Rescission or modification

5.    Usages or Customs

6.    Relation of language to facts

7.    Appointment of a public officer

8.    Wills

9.    Extraneous facts

AMBIGUOUS DOCUMENTS

—   Patent ambiguity

93.            Exclusion of evidence to explain or amend ambiguous document

94.            Exclusion of evidence against application of document to existing fact

—Latent defects

95.           Evidence as to document unmeaning in reference to existing facts

96.           Evidence as to application of language which can apply to one only of several persons

97.           Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies

—   Application of language

—   Miscellaneous

98.           Evidence as to meaning of illegible characters, etc.

99.           Who may give evidence of agreement varying terms of document

—   Evidence by non-parties

100.        Saving of provisions of Indian Succession Act relating to wills

PART III

CHAPTER 7

OF THE BURDEN OF PROOF

101.        Burden of proof

—   Initial burden on one who takes affirmative of the issue

—   Burden and onus

—   Criminal Cases

—   Civil Cases

—  Affirmative of an issue

—  Exercise of statutory power

—  Benami transactions

—  Advantage cannot be taken of weakness of evidence of opposite party

—  Failure to prove defence

—  Blank signature or signature without understanding

—  Election petition

—  When entire evidence on record

—  Putting burden on wrong party

102.        On whom burden of proof lies

—Joint Family Property or self-acquired

—  Burden in prosecution for dishonour of cheque

—  Burden of proving reasonableness of restrictions on fundamental rights

—  Burden of proving consent in rape cases

—  Proof of marriage

—  Difficulty of proof no excuse

103.        Burden of proof as to particular fact

—  Burden of proving a particular fact

—  Disciplinary proceedings and labour disputes

104.        Burden of proving fact to be proved to make evidences admissible

—  Proof of fact on which evidence becomes admissible

105.        Burden of proving that case of accused comes within exceptions

—  Burden of proving exception in criminal cases

—  Presumption of innocence

—  Onus to overthrow statutory presumption

—  Burden of proving defence

106.        Burden of proving fact especially within knowledge

—  Fact specially within knowledge of a party

—  Position under Carriers Act

—  Custodial death

—  Res Ipsa Loquitur

—  Person taking away dead body

SURVIVORSHIP AND DEATH

107.        Burden of proving death of person known to have been alive within thirty years

—  Burden of proving death

—  Presumption of death

108.        Burden of proving that a person is alive who has not been heard of for seven years

—   Presumption of death simpliciter

—   No presumption as to time of death

—   Persons absconding

—   Insurance Cases

—   Succession to property

109.         Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent

—   Burden of proving relationship of certain kind

110.         Burden of proof as to ownership

—   Proof of ownership

111.         Proof of good faith in transactions where one part)' is in relation of active confidence

111-A. Presumption as to certain offences

112.         Birth during marriage, conclusive proof of legitimacy

—   Presumption of legitimacy

—   During subsistance of valid marriage

—   Access to each other

—   Meaning of access

—   Vasectomy operation and presumption of legitimacy

—   Blood group test

—   DNA Test

—   DNA Test for Parental Responsibility

—   DNA test for establishing paternity in rape case

—   Standard of proof and rebuttal of presumption

—   Official records of birth —Interim maintenance

—Maintenance application

113.         Proof of cessation of territory

PRESUMPTIONS

—   Presumption and burden of proof

—   Presumptions of fact

—   Presumption in suicide cases

113-A. Presumption as to abetment of suicide by a married woman

—   Objects and Reasons

—   Effect of the Amendment

113-B. Presumption as to dowry death

—   Dowry death

—   Soon before death

114.         Court may presume existence of certain facts

—   Human experience basis of presumptions

—   Accomplice

—   Presumption of consideration in negotiable instruments

—   Continuity of things

—   Presumption of validity of judicial and official acts

—   Presumption of marriage from registration

—   Recital or observations in judgments or orders

—   Constitutional validity

—   Death in custody

—   "Human conduct" : Presumption of marriage

—   Evidence in rebuttal of this presumption

—   Second marriage

—   Customary marriage

—   Presumption of termination of marriage

—   Live-in-relationship

—   Common Course of Business, Delivery of letters

—   Adverse inference

—   Notice of dishonour of cheque

—   Recovery of stolen property

—   Nature of property

—   Withholding of evidence

—   Claim of privilege

—   Non-examination of a witness

—   Non-examination of doctor who conducted autopsy

—   Refusal to answer questions

—   Document in hands of obliger

—   Presumptions of Law

—   Criminal Laws (Amendment) Act, 1983 and Criminal Laws (Second Amendment) Act, 1983

—Presumption in rape cases

114-A. Presumption as to absence of consent in certain prosecutions for rape

—   Strengthened presumption of absence of consent

—   Effect of new provision

CHAPTER 8

ESTOPPEL

115.        Estoppel

1.    Representation

—   Selection through examination

—   Estoppel against educational institutions

—   Permission for sub-tenancy

—   Representation should be of facts, not of law or opinion etc.

2.    Reliance and alteration of position

—   Family partition

—   Promissory estoppel

—   Applicability against State

—   Extent of relief against Government under Promissory Estoppel

—   Detriment not necessary

—   Settlement of contract claims

—   No estoppel against law or Statute

—   No estoppel against sovereign acts

—   No estoppel against unlawful transfer of property

—   Applications of doctrine of estoppel : Kinds of estoppel

—   Estoppel by record

—   Estoppel by deed

—   Estoppel in pais

—   Allotees of shops

—   Equitable estoppel

—   Flat in joint ownership

—   Joint monthly income scheme account (post office)

—   Issue estoppel

—   Caste Certificate

—   Estoppel by attestation

—   Estoppel by pleading

—   Difference between estoppel and admission

—   Statements in other proceedings

—   Estoppel and Waiver

116.        Estoppel of tenant and of licensee of person in possession

—   Estoppel of tenant and licensee

—   Estoppel of tenant binds him till he is in possession

—   Estoppel confined to state of things at commencement

—   Purchaser or successor of tenanted premises becomes new landlord

—   When purchaser's title can be questioned

—   Sub-tenant

117.        Estoppel of acceptor of a bill of exchange, bailee or licensee

OF WITNESSES

118.        Who may testify

—   Competence of witnesses

—   Child witness

—Child witness, affidavit not admissible

—   Person of unsound mind

—   Victim of Rape

—   Value of witnesses

119.        Witness unable to communicate verbally

—   Incapability for verbal communication

120.        Parties to civil suit and their wives or husbands—Husband or wife of person under criminal trial

—  Parties to suit or proceeding

—  Husband and wife

121.        Judges and Magistrates

—  Judicial Privilege.

PRIVILEGED COMMUNICATIONS

Communications not permitted to be disclosed

122.        Communications during marriage

—  Protected from disclosure

—  Protection when not available

123.        Evidence as to affairs of State

—  Unpublished official records

124.        Official Communications

125.        Information as to commission of offences

—  Sources of information as to offences

126.        Professional communications

—  Communications between advocates and client, or professional communications

—  Right to Information Act, 2005

—  Exceptions

—  Communications made in furtherance of illegal purpose

—  Crime or fraud since employment began

—  Disclosure with express consent of client

—  Information falling into hands of third person

—  Lawyer's suit against client

127.        Section 126 to apply to interpreters etc.

—  Position of Interpreters etc.

128.        Privilege not waived by volunteering evidence

—  Non-compellable witnesses

129.        Confidential communication with legal advisers

—  Confidential communications

—  Same solicitor engaged by both sides

130.        Production of title-deeds of witness, not a party

—  Title deeds of witness

131.        Production of documents or electronic records which another person having possession, could refuse to produce

132.        Witness not excused from answering on the ground that answer will criminate

EVIDENCE OF ACCOMPLICE

133.        Accomplice

—  Who is an accomplice

—  Corroboration as Rule of caution

—  Nature and extent of corroborations

—  Corroboration in Rape cases

—  Rape in custody

134.        Number of witnesses

—  No particular number of witnesses necessary

—  Unlawful assembly and single witness

OF THE EXAMINATION OF WITNESSES

135.             Order of production and examination of witnesses

136.             Judge to decide as to admissibility of evidence

—  Judge to decide admissibility

137.        Examination-in-Chief

—  Examination-in-Chief, Cross-examination, Re-examination

—  Pro forma party

—  Evidence on affidavit

138.        Order of examination

—  Direction of re-examination

—  Order in which witnesses to be examined

—  Infringement of privacy

139.        Cross-examination of person called to produce a document

140.        Witnesses to character

141.        Leading Questions

142.       When they must not be asked

143.       When they may be asked

144.        Evidence as to matters in. writing

145.        Cross-examination as to previous statements in writing

146.        Questions lawful in cross-examination

—  New Proviso

147.        When witnesses to be compelled to answer

148.        Court to decide when question shall be asked  and when

witness compelled to answer

—  Protection against aggressive cross-examination

—  Discretion of the court relating to questions as to credit

149.        Question not to be asked without reasonable grounds

—  Reasonable ground for asking a question

150.        Procedure of court in case of question being asked without reasonable grounds

151.        Indecent and scandalous questions

152.        Questions intended to insult or annoy

153.        Exclusion of evidence to contradict answers    to         questions testing veracity

—  Contradicting the witness

154.        Questions by party to his own witness

—   Hostile witness : Cross-examination with court permission

—   Reliance upon testimony of hostile witness

155.       Impeaching credit of witness

156.       Questions tending to corroborate evidence of relevant fact admissible

157.        Former statements of witness may be proved to corroborate later testimony as to same fact

—   Former statements as corroboration

—   Statement at or about the time of occurence

—   Authority legally competent to investigate

158.        What matters may be proved in connection with proved statement relevant under Section 32 or 33

—   Corroboration or contradiction of the statement of persons who cannot be found

159.        Refreshing memory

—   Types of material which can be used for refreshing memory

—   Investigating officer refreshing memory by his record

160.        Testimony to facts stated in document mentioned in Section 159

161.        Right of adverse party as to writing used to refresh memory

162.        Production of documents

—   Production and Translation of documents

—   Production and Affairs of State

—   Privilege of newspapers

163.        Giving, as evidence, of document called for and produced on notice

164.        Using, as evidence, of document production of which was refused on notice

165.        Judge's power to put questions or order production

—   Power of Court to question

166.        Power of jury or assessors to put questions

CHAPTER 11

167.        No new trial for improper admission or rejection of evidence