Indian Evidence

Act, 1872

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 Unit – 1
Understanding the
nature of Law of
Evidence

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Nature of Law of Evidence
 Law of Evidence is all about appreciation of facts.

 Whole Evidence Act can be summarized as –

 What to prove – Main facts/ Relevant Facts (S.6-55)

 Who? – BOP (S.101)

 How? – through Oral & Documentary Evidence (S.59

-90A)

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Nature of Law of Evidence
 Law of Evidence is all about appreciation of facts.

Example 1- Civil Case

• A contract with B.

Example 2 – Criminal Case

• Charge against A is that he murdered B.

 Fact in issue (main disputed fact) is to be proved by

relevant facts.
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Interpretation clause (Section 3)
Fact - Fact means and includes –
• Things
• State of things - Some students always comes late.
• Relation of things - Parents name mentioned in birth
certificate, DNA.
– Capable of being perceived by senses.
• Any mental condition of which any person is
conscious.
– Reputation of person

 Facts
 Physical fact
 Psychological fact
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Interpretation clause (Section 3)
Fact in Issue
• By itself or in connection with other facts -
• Which proves or disproves, the nature and extent of
right, liability or disability of parties are asserted or
denied.

Explanation –Issue of fact (Order 14 Rule 1) - always in

interrogative form.
Fact in Issue – assertive form
Example –
 A (tenant) asserted his right and liability of B
(landlord). A says he has right to enjoy premises
peacefully. B says I am not liable.
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Interpretation clause (Section 3)
Relevant Fact
• The facts which are connected with the main
facts/Fact in issue.
• What are the characteristic which makes a particular
fact as ‘Relevant Fact’.
• Fact can be Logically relevant and legally relevant.
• Section 6 – 55 deals with relevant facts.
Example –
• Section 8 - A had quarrel with B. A threatened B and
next day B was killed.

• Section 7 – Arushi Murder case. (blood stains on

mattress)
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Classification of facts

 Fact in issue (Facta Probanda)

 Relevant fact (Facta probantia)

Admissibility of facts (S.165, proviso)

• judgement has to be based on the facts which are

relevant and duly proved.

• Irrelevant facts or relevant fact not proved shall not be

allowed.

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Evidence
• All statements, required or permitted by the Court to
be made before it, in relation to matter of fact;

• All documents including electronic records produced

for inspection of the Court.

• Recording of evidence through video conferencing

– State of Maharashtra v. Dr. Praful B. Desai, AIR

2003 SC 2053

Admissibility of evidence taken through video

conferencing.

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Section 4
• May presume
– Court has discretion to presume or not.
– If presume – presumption is rebuttable
– Section 113-A
• Shall presume
– Court is bound to presume.
– Rebuttal is allowed
– Section 113-B
• Conclusive proof
– Court is bound to presume.
– Rebuttal is not allowed.
– Section 112
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May presume – S.86, 87, 88, 88A, 90, 90A, 107, 108,
113A & 114
Shall presume – S.79 – 85, 113B, 114A
Conclusive proof - S.41, 112, 113

Discretion Bound to Rebuttable

presume

MAY PRESUME YES NO YES

SHALL NO YES YES

PRESUME

CONCLUSIVE NO YES NO
PROOF

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Case laws relating to Section 4

Ques. – Can DNA testing be allowed as a fact to rebut the

conclusive proof of legitimate paternity?

Ans- prior to 2014, it was not allowed.

In Nandlal Wasudeo Badwaik v. Lata Nandlal

Badwaik, AIR 2014 SC 932
– When truth is asserted by scientific evidence, no
presumption has any role to play.

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Case laws relating to Section 4

Ques. – Can a person be compelled to give samples of

blood, hairs etc. for the purpose of scientific test?

• Goutam Kundu v. State of West Bengal, 1993 SC.

• Banarasi Das v. Teeku Dutta, 2005 SC
• Bhabani Prasad Jena v. Convener Secretary,
Orissa State Commission for Women and Anr.,
2010 SC
• Narayan Dutt Tiwari v. Rohit Shekhar & Anr.,
2012 SC

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Section 5 –
Evidence may be given of existence or non existence of –
• Fact in issue; or
• Relevant fact, and of no other.
• Exception – Section 25, 26, 121 – 131.

Admissibility of fact (S.165, Proviso 1) -

While deciding case, the Court will take into
consideration only those facts which are Relevant and
duly proved.

Admissibility of evidence (S.136, Para 2) -

Sequence of relevant fact and its admissibility.
Ex- dying declaration of deceased; giving secondary
evidence. 14
Thank You
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