Indian evidence Act

Section 3: Definitions

• Court
• Facts
• Facts in issue
• Relevancy of one fact to another
• Evidence
• Primary evidence (Sec 62): Original copies
• Secondary evidence (Sec 63): Photocopies & oral evidence

Whenever it cannot be certainly said in any matter on the basis of evidence produced that a fact is neither proved nor disproved, it will be called ‘not proved’.

Section 4: Presumptions

• “May presume.”
  Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

• “Shall presume.”
  Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

• “Conclusive proof.”
  When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

Types of Evidence

• Direct Evidence: Directly proves a fact in issue.
• Indirect Evidence: One can only infer from it.

Testimony

A specific type of evidence given by a witness.

Relevant Sections

• Sec 32(1): Dying declaration

Confessions and Admissions

Confession (self-admission) is a subset of Admission (Secs 17-31 IE Act). Usually, admission occurs in civil cases, while confession occurs in criminal cases.

• If A describes the circumstances in which he murdered B, he is admitting.
• If he directly states that he killed B, he confesses.

Confession can lead to punishment. However, admission isn’t conclusive proof; it serves as an estoppel (as per Sec 31 IE Act). Confessions can be judicial (U/S 164 CrPC) or extrajudicial (also refer to Sec 161 IPC for examination of witnesses by police).

Section 133: Accomplice

An accomplice shall be a competent witness against an accused person. However, the term “accomplice” is not defined in the IE Act.

Burden of Proof

• Sec 101/2/3: Burden of Proof lies on he who asserts.

• Sec 105: Burden of Proof on accused (counter-intuitive) for General Exceptions of IPC.

• Sec 107 vs Sec 108:
  • 30 years/dead claimant has Burden of Proof.
  • 7 years/alive claimant has Burden of Proof:
    When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead lies on the person who affirms it.

• Sec 109: If it’s shown A & B act as if they have an extant relationship between them (e.g., partner, landlord-tenant, or principal-agent relationship), the burden of proof lies on who denies it.

• Sec 112: Burden of Proof to prove illegitimate child.

IPC

Dowry Death

Cruelty

Section 498A of the Indian Penal Code defines cruelty. If a husband or any relative of his causes mental or physical harm to a woman, they will be held punishable under this section. The punishment includes imprisonment for three years and a fine.

Presumption as to Dowry Death

Section 113B of the Indian Evidence Act, 1872 states that if a woman dies in relation to any demand for dowry and it is shown that soon before her death she was subjected to harassment or cruelty by any person, then the court will assume such a person responsible for her death.

Section 304B of the Indian Penal Code states that if a woman dies within seven years of marriage due to burns or bodily injury, or if it is revealed that before her marriage she was subjected to cruelty or harassment by her husband or any other relative in connection with a demand for dowry, then her death will be considered a dowry death. The punishment for this offence ranges from seven years to life imprisonment.

Definition of Dowry

Section 2 of the Dowry Prohibition Act defines dowry.

Abetment of Suicide

Section 306 of the Indian Penal Code provides for punishment of up to ten years imprisonment for the abettor of suicide.

Right to Private Defence in IPC (Secs 96-106)

• Sec 96: Nothing is an offence if done in private defence.
• Sec 97: The right extends to life and property.
• Sec 98: This right also extends against a mad, immature, confused person, etc.
• Sec 99: Limitations of this right.
• Sec 100: Seven instances where the private defender can kill the assaulter.
• Sec 103: Instances where the private defender can kill the invader of property.
• Sec 106: When innocents are intermingled with assaulters, this right remains valid.

Other General Exceptions

• Sec 76: Done in good faith or as a mistake of fact (not a mistake of law).
• Sec 80: Accident; e.g., if a driver causes an accident but claims brake failure, he is protected under this section.
• Sec 82: Applies to children under seven years old.

Culpable Homicide & Murder

Culpable homicide (Sec 299) has two ingredients, while murder (Sec 300) has three. Section 300 also specifies five cases where culpable homicide is not considered murder: private defence, public servant actions, consent, sudden provocation, and unpremeditated sudden fights.

Kidnapping & Abduction

• Kidnapping (Sec 359): Can occur from India or by a lawful guardian.
• Abduction (Sec 362): Defined separately.

Chapter VA of IPC - Criminal Conspiracy

• Sec 120A: Criminal conspiracy defined - mens rea, secretive intent, inferred agreement; it is a substantive offence under Sec 120B.
• Sec 121: Openly declaring war.
• Sec 121A: Covert conspiracy.
• Sec 124A: Sedition.

Offences Against Public Tranquility

• Sec 141: Unlawful assembly - if five or more people gather with a common object; five options exist for prosecution under Sec 143.
• Sec 146: Rioting defined.
• Sec 159: Affray defined.

CrPC

CrPC Security proceedings to maintain peace & tranquility

Sec 107 : Good behaviour bond Sec 108 : Apprehension Sec 109 : Suspicious behaviour Sec 110 : Habitual offenders Sec 116 : Inquiry by EM Sec 122 : Punishment for breach of peace bond