indian evidence act
- WITNESS IS THE MOST IMPORTANT PERSON
- WHO IS COMPETENT: ALL PERSONS ARE COMPETENT TO TESTIFY
- SECTION 118/119,120,121,133
- HE MUST UNDERSTAND THE QUESTIONS PUT TO HIM AND TO GIVE RATIONAL ANSWERS TO THOSE QUESTIONS, CAPACITY + COMPETENT TO TESTIFY
- 119 UNABLE TO COMMUNICATE VERBALLY - TAKE INTO ACCOUNT - USE SIGN LANGUAGE WRITE IT DOWN AND TREAT AS ORAL EVIDENCE - USE INTERPRETERS
- 120- PARTIES TO CIVIL SUIT AND THEIR SPOUSES - IN CIVIL CASES, SPOUSE IS COMPETENT TO TESTIFY FOR OR AGAINST
- EVEN IN CRIMINAL CASES, ONLY A WITNESS AGAINST THE SPOUSE IS VALID
- 121 = BOTH COMPETENCE AND NON COMPETENCE = PRIVILEGE OF JUDGES AND MAGISTRATES NOT COMPETENT TO TESTIFY SUBJECT TO CONDITION AND -EXCEPTIONS WHERE THEY CAN TESTIFY: SUPERIOR COURT ORDER HIM TO DO; JUDGE IS PLAINTIFF OR DEFENDANT - CAN TESTIFY IN PERSONAL CAPACITY ;
- 133- ACCOMPLICE IS COMETENT WITNESS AGAINST CO-ACCUSED
- 114 ILLUSTRATION B - COURT MAY PRESUME THAT ACCOMPLICE IS UNWORTH OR CREDIT - 133 IS AN EXCEPTION TO THAT RULE -
- 133 PREVAILS OVER ILLUSTRATION HASHIM\ V TN
- NON COMPETENT WITNESS
- 121 TO 131
- 121 MAGISTRATE JUDGES SUBJECT TO EXCEPTION
- 122 PRIVILEGED COMMUNICATION BETWEEN HUSBAND AND WIFE
- 120 IS SPOUSE CAN TESTIFY IF SEEN , NOT REVEAL IF SPOUSE HAS CONFESSED TO SPOUSE. NOT RELEVANT
- CONFESSION LEGAL RELEVANCY
- 123 STATE AFFAIRS
- 124 OFFICIAL COMMUNICATION
- 125 INFORMATION AS TO COMMUNICATION AS COMMISSION OF AN OFFENCE
- 126 PROFESSIONAL COMMUNICATION = PRIVILEGED COMMUNICATION WITH LAWYER
- 130 PRODUCTION OF TITLE DEEDS- HOW PROCURED NOT TO BE QUESTIONED
- 32.33 DYING DECLARATION BY DEAD PERSONS OR STATEMENT BY PERSONS WHO CANNOT BE CALLED AS WITNESSES WITHOUT DUE CROSS EXAM WITHOUT APPEARING IN COURT
- 33 RECORD FROM ANOTHER COURT CASE WITNESS STATEMENT
- 134 NO OF WITNESSES , EVEN ONE IS ENOUGH IF RELIABLE, QUALITY IS IMPORTANT NOT QUANTITY
- 139 PERSON SUMMONED TO PRODUCE DOCUMENT DOES NOT BECOME WITNESS
- TO PRODUCE DEPOSE GIVE EVIDENCE AND THUS PRAYED , , ONLY THEN HE CAN BECCOME WITNESS
- 132,147 COMPULSON ON THE WITNESS TO ANSWER - CANNOT REFUSE WITNESS , EVEN IF IT INCRIMINATES HIM
- ON OATH WITNESSES INTER PRETERS PARTIES JURORS SHALL TAKE OATH , FORM 1 OATHS ACT EXCEPT ONE BELOW 12 YEARS AGE , ACCUSED NO OATH, UNLESS AS WITNESS WHEN HE HAS TO TAKE OATH
- 61-90 HOW TO PROVE CONTENTS, EXECUTION, PRESUMTION AS TO DOCUMENTS
- 61 TO PRIMARY AND SECUNDARY
- 91-100 EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
- 135-166 EXAMINATION OF WITNESSES
- EXAM IN CHIEF, CROSS, RE EXAMINATION
Comments
Post a Comment