for documents downloaded visit www.advocatesl... Indian Evidence Act, 1872. Explained in Telugu
Sowjanya M
Advocate
3 fundamental Principles of evidence.
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Best Evidence must be taken. (Direct evidence)
Hearsay Evidence must be excluded.
Evidence must be confined to facts in issues.
1. Evidence : Oral & Documentary evidence.
2. Primary evidence, sec-62.
3. Secondary evidence, sec-63.
Section -3 : Fact
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1) Anything, state of things or relation of things capable of being perceived by the senses.
2) Mental condition of which a person is conscious.
Sec-3(1) -External or Physical facts.
perceived by the senses viz., heared, saw, smelt, tested.
Can be proved by the Direct evidence or circumstantial evidence.
Fact : Mental condition of which a person is conscious.
Sec-3(2) -Internal or Psychological facts.
perceived by the senses viz.,intention, good faith, reputation, etc.
Can be proved by the confession or circumstantial evidence.
Examples:
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“A” fires a pistol at “B”.
The act of firing pistol is a Physical Fact.
It can be proved by evidence of eyewitness or by circumstantial evidence.
b)The intention of firing a Pistol is a Psychological facts.
It can be proved by circumstantial evidence or by Confession of “A”.
facts in issues.
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facts in issues means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, disability, asserted or denied in any suit or proceeding.
Proved facts
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1. 'A ' is accused of murder of'B'.
2. He pleads his act is in Right of private defence.
3. He produced the witnesses that his act is in Right of self-defence to save his life.
4. TheCourt believes his evidence and acquits him.
Disproved facts
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1. Same facts, accused pleads Right of Private defence.
2. Accused produces the witnesses.
3. Court after examining his evidence not satisfied with his plea and convicted him.
4. It means the fact of Private defence is disproved
5. It means the fact of private defence is proved.
Not Proved Facts
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1. “A” is accused of murder of 'B'.
2. He Pleads 'Right of Private defence.
3. He pleaded but failed to produce the Witnesses to prove his plea.
4. Court is neither believed nor disbelieved the fact.
circumstantial evidence
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1.The circumstances from which the conclusion is drawn must be fully proved and established.
2.The facts established must be consistent with the hypothesis of guilt of the accused and inconsistent with the hypothesis of innocence of the accused.
3. The circumstances must be of a conclusive nature and tendency so that the established facts exclude every possible hypothesis except the guilt of the accused.
4. The established facts will indicate a chain of events so complete as not to leave any doubt for the conclusion that in all human probability the crime could have been committed by the accused and no one else.
Regards
Sowjanya Advocate
Hyderabad
india
13 сен 2024
