Proved and Disproved Under Indian Evidence Act

proved-under-evidence-act

Section 3 of the Indian Evidence Act, 1872 defines the term ‘Proved’, ‘Disproved’ and ‘Not proved’. Proved According to Section 3- “A fact is said to be proved when, after considering the matters before it, the court either believes it to under the circumstances of the particular case, to act upon the supposition that it …

Fact Defined Under Evidence Law

fact-under-evidence-law

Fact plays an important role in Evidence law because all rights and liabilities depend upon facts and also originate from it. Generally, fact means anything which is in existence. It does not include mental facts. But, it is accepted comprehensively in evidence law. It includes both the ‘Mental aspect and existence of the thing.’ Section …

Evidence and Types of Evidence Under Evidence Law

evidence-law

Define ‘Evidence’. What are the different kinds of Evidence under Evidence Law? Evidence has an important place in the Administration of Justice. The court reaches a conclusion on the basis of evidence. It is impossible to solve any matter in the absence of evidence. It determines the truth. Dharamshastras have also discussed the importance of …

Nishikant Jha V/S State of Bihar

supreme-court

Introduction: In this matter, the question of admissibility of the statements made before the head of the village was under consideration. Also, the court has to determine whether a partial statement of the complete statement made by the accused could be admitted to convict him? Facts: Appellant was a student of a school in Jhajha …

Pakala Narayana Swami vs Emperor

section-32-under-the-indian-evidence-act

Introduction: This matter is related to Section 32 under the Indian Evidence Act and Section 162 of the code of Criminal procedures, 1898. There were mainly two points of consideration before the Privy Council. Relation of the dying declaration with the incident and, previous circumstances, and Importance of confession before police, made during the investigation. …

Costs and Kinds of Costs

costs

What are Costs? When in doubt, to grant costs is at the watchfulness of the court. In common procedures, “costs will follow the occasion.” Kinds of Costs The code accommodates the accompanying sorts of costs: General costs- Section 35. Miscellaneous costs- Order 20-A. Compensatory costs for bogus and vexatious cases or protections Section 35A. Costs …

Trial of Warrant Cases by Magistrates

trial-of-warrant-cases

A: Cases Instituted on Police report. Section 238- Compliance with S.207. Warrant case organized on the police report and when charged shows up or brought before Magistrate at beginning of preliminary- Magistrate will initially fulfil himself that consistence of S.207 is done or not. Section 239- When accused shall be discharged. After considering Police report …

Trial Before Court of Session Under CRPC

trial-before-court

Section 225- Trial to be conducted by Public Prosecutor. In Court of Session shall be conducted by Public Prosecutor. Section 226- The opening case for the prosecution. When accused appears or brought after commitment U/S. 209, the prosecutor shall open his case by describing the charge and by giving evidence by which he proposes to …

The Charge Under CRPC

the-charge-under-crpc

FORM OF CHARGES (General contents of charge) (211-217) Section 211- Contents of Charge. (Criminal trial starts after training of charge. Before framing of charge all proceedings are pre-trial proceedings. Shall state offence with which accused is charged. If the law which creates offence gives it any specific name, then the offence is described in the …