Articles for Evidence Act

Instruct IOs To Ensure Compliance Of Mandatory Safeguards Concerning Recoveries U/S 27 Evidence Act: Allahabad HC To UP DGP
1 month, 1 week ago

Instruct IOs To Ensure Compliance Of Mandatory Safeguards Concerning Recoveries U/S 27 Evidence Act: Allahabad HC To UP DGP

Live Law  

The Allahabad High Court recently directed the State DGP to issue directives to investigating authorities to ensure they comply with the mandatory safeguards relating to recoveries to be read in evidence under Section 27. The Court also referred to Supreme Court judgments, including those in Pulukuri Kottaya vs King-Emperor 1946, Subramanya v. State of Karnataka 2022 LiveLaw 887, Boby vs …

Evidence Recovery Court Evidence Act Body State Accused
Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in Murder Case, Holding That Silence and False Explanations Can Be Admissible Evidence

Live Law  

The Supreme Court has affirmed the High Court's decision in a criminal appeal filed by an accused against the acquittal of the accused in a murder case. The court held that when the offence was committed in the presence of the accused presence in the privacy of their house, then their failure to offer explanations can be treated as an …

Law Criminal Law Evidence Act S.106 Evidence Act New Delhi
Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance
1 month, 3 weeks ago

Supreme Court Rules in Favor of Accused in House Robbery Case, Holding That Silence is an Adverse Circumstance

Live Law  

The Supreme Court has observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872. The court held that the presence of the accused at the time …

Law Crime Trial Evidence Act New Delhi
[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court
4 months, 3 weeks ago

[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court

Live Law  

The Patna High Court observed that the certified copy of the registered sale deed kept as a public record in the Registrar's office would be considered a public document and could be produced as secondary evidence under Section 74 of the Evidence Act, 1872.“A certified copy of a registered document is a certified copy of public document. The Patna High …

Evidence Court Evidence Act Secondary Evidence Sale Public Registered
Mention of IPC, CrPC, Evidence Act to be read as reference to new criminal laws: Govt
5 months ago

Mention of IPC, CrPC, Evidence Act to be read as reference to new criminal laws: Govt

India TV News  

New criminal laws: The Central government said that any mention of the now-replaced IPC, CrPC, or Evidence Act in any statute, ordinance, regulation, or notification will be read as a reference to the new criminal justice laws, Bhartiya Nyaya Sanhita, Bhartiya Nagrik Suraksha Sanhita, and Bhartiya Sakshya Adhiniyam, respectively. Law Ministry notification “In pursuance of Section 8 of the General …

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S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
5 months, 1 week ago

S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies

Live Law  

The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents. In this case, the Additional Civil Judge rejected a petition filed under Section 65 of the Indian Evidence Act to accept photocopies of bank drafts and money receipts as secondary evidence. The Court in …

Evidence Court Secondary Evidence Indian Bank Order Act
Criminal Remedies For Copyright Infringement: A Comparative Look At India's Old And New Criminal Legislations
5 months, 2 weeks ago

Criminal Remedies For Copyright Infringement: A Comparative Look At India's Old And New Criminal Legislations

Live Law  

Copyright infringement is a serious issue within the realm of intellectual property law, demanding robust legal frameworks to safeguard creators' rights. India has recently introduced significant legislative reforms to modernize its legal system, the new statutes—Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 —replace the Indian Penal Code, 1860, the Code of Criminal Procedure, …

India Evidence Copyright Property Criminal Criminal Procedure Digital
New criminal laws signal end of colonial hangover, but challenges await
5 months, 3 weeks ago

New criminal laws signal end of colonial hangover, but challenges await

New Indian Express  

The first FIRs under what the government has termed three landmark legislations -- the Bharatiya Nagrik Suraksha Sanhita, the Bharatiya Nyaya Sanhita, and the Bharatiya Sakshya Adhiniyam passed and enacted in 2023 -- have been registered. It can now be said that India stands on the precipice of a transformative era in its legal landscape with the enactment of these …

Law Evidence Act Indian Ipc Crpc
Undated Certificate Of Bankers Book Evidence Act Valid Under IBC: NCLT Chandigarh
7 months ago

Undated Certificate Of Bankers Book Evidence Act Valid Under IBC: NCLT Chandigarh

Live Law  

The National Company Law Tribunal, Chandigarh Bench, comprising Mr. Harnam Singh Thakur and Mr. L.N. Gupta has held that an undated certificate of Bankers Book Evidence Act, 1891, constitutes a valid certificate for regulation 2A of Insolvency and Bankruptcy Board of India Regulations, 2016. NCLT Verdict The NCLT noted the submissions of the Respondent with respect to the validity of …

Evidence Act Respondent Certificate Code Valid Regulation 2A Ibc Nclt
GST Officers Should Not Arrest On Mere Suspicion, Verifiable Material Necessary: Supreme Court Says During Hearing
7 months, 1 week ago

GST Officers Should Not Arrest On Mere Suspicion, Verifiable Material Necessary: Supreme Court Says During Hearing

Live Law  

While hearing a batch of petitions challenging penal provisions of the Customs Act, GST Act, etc. Next, he brought the court's attention to Section 25, Evidence Act, to submit that the courts have held Customs Officers, Central Excise Officers to not be "police officers" and therefore, Section 25 does not apply. "It otherwise made provisions where a Customs Officers can …

Justice Supreme Court Constitution Court Evidence Act Customs Act Hearing
S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court
8 months, 1 week ago

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

Live Law  

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by …

Supreme Court Evidence Court Evidence Act Body Prosecution Statement
Assessing Officers Are Not Governed By Strict Rules Of Indian Evidence Act, 1872 In Case Of Assessment Proceedings: Madras High Court
9 months ago

Assessing Officers Are Not Governed By Strict Rules Of Indian Evidence Act, 1872 In Case Of Assessment Proceedings: Madras High Court

Live Law  

The Madras High Court has held that assessing officers are not governed by the strict rules of the Indian Evidence Act, 1872.The bench of Justice C. Saravanan has observed that the assessment proceedings under the Income Tax Act, 1961, before an assessee officer are not judicial proceedings. The Madras High Court has held that assessing officers are not governed by …

Tax Evidence Court Judicial Proceedings Income Proceedings Officer
Narcotics Control Bureau Officers Must Follow 'Tofan Singh' Judgment That Confession Statements Aren't Admissible Evidence : Supreme Court
9 months, 2 weeks ago

Narcotics Control Bureau Officers Must Follow 'Tofan Singh' Judgment That Confession Statements Aren't Admissible Evidence : Supreme Court

Live Law  

In the latest development, the Supreme Court has firmly directed the Narcotics Control Bureau's officers to comply with its three-judge Bench judgment in Toofan Singh vs. State of Tamil Nadu., 4 SCC 1. “However, we clarify that the authorities/officers of the Narcotics Control Bureau must comply and abide by the judgment of this Court in “Toofan Singh vs. State of …

Court State Officers Act Section 67 Narcotics Control Bureau Tofan Singh
Unless Genuineness Of Will Is Proved In Civil Court, Revenue Authorities Cannot Mutate Name Of Beneficiaries: MP High Court
9 months, 3 weeks ago

Unless Genuineness Of Will Is Proved In Civil Court, Revenue Authorities Cannot Mutate Name Of Beneficiaries: MP High Court

Live Law  

Recently, Madhya Pradesh High Court, while disposing of a dispute connected to Madhya Pradesh Land Revenue Code Rules, 2018, has held that a will without any formal proof cannot be acted upon by revenue authorities to mutate the names of beneficiaries. “…, in the light of fact that revenue authorities cannot decide the genuineness of the Will, the rule which …

Court Evidence Act Title Testator Revenue Madhya Pradesh Authorities
3 criminal laws replacing IPC, CrPc, Evidence Act to come into effect from July 1
9 months, 4 weeks ago

3 criminal laws replacing IPC, CrPc, Evidence Act to come into effect from July 1

Hindustan Times  

The three new criminal laws which replace the Indian Penal Code, Code of Criminal Procedure and Evidence Act will come into effect from July 1, the government notified on Saturday. The three new criminal laws are the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha. Here are the main takeaways of the new legislation The Bharatiya Nyaya Sanhita, 2023 This replaces …

Evidence Act Fir Bharatiya Replacing Ipc
Not Familiar With Hindi, So Will Call IPC As IPC Only Even If It's Replaced With New Law : Madras High Court Judge
10 months, 4 weeks ago

Not Familiar With Hindi, So Will Call IPC As IPC Only Even If It's Replaced With New Law : Madras High Court Judge

Live Law  

Justice Anand Venkatesh of Madras High Court recently told lawyers in his court that he would continue to call IPC, CrPC, and the Evidence Act by their original names even after they were replaced with the new acts which had Hindi names, The Hindu reported. When the judge found the Additional Public Prosecutor struggling to pronounce the Hindi words of …

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Orissa High Court Annual Digest 2023
11 months, 1 week ago

Orissa High Court Annual Digest 2023

Live Law  

Nominal Index: Animesh Chakraborty v. State of Odisha, 2023 LiveLaw 1 Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw 2 Soli @ Sulachana Jena & Anr. While denying relief to the accused, the Single Judge Bench of Justice Sangam Kumar Sahoo said, “It cannot be lost sight of the fact that the prosecution has proved that the appellant was …

India Odisha High Court Writ Petition Spa Sexual Assault Domestic Violence
Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
11 months, 2 weeks ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

Supreme Court Evidence Court Evidence Act Secondary Evidence Medical Evidence Police Custody
'Custody' Under S.27 Evidence Act Doesn't Mean Custody After Formal Arrest; Includes Any Kind Of Restraint Or Surveillance: Supreme Court
11 months, 2 weeks ago

'Custody' Under S.27 Evidence Act Doesn't Mean Custody After Formal Arrest; Includes Any Kind Of Restraint Or Surveillance: Supreme Court

Live Law  

In a significant judgment, the Supreme Court has held that the expression 'custody' used in Section 27 of the Indian Evidence Act does not mean formal custody. The bench disagreed with the recent judgment delivered by a 3-judge bench in Rajesh v. State of MP 2023 LiveLaw 814 which held that Section 27 of the Evidence Act is not applicable …

Supreme Court Judgment Evidence Evidence Act Custody State Accused
Supreme Court Half Yearly Digest 2023 - Criminal Major Acts
11 months, 3 weeks ago

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154 read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156 of the Code. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 …

India Rajasthan Karnataka Kerala Delhi Supreme Court High Court
Parliament passes new laws to repeal IPC, CrPC, and Evidence Act
1 year ago

Parliament passes new laws to repeal IPC, CrPC, and Evidence Act

The Hindu  

December 21, 2023 11:00 pm | Updated 11:00 pm IST - NEW DELHI The Parliament passed the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Bills — replacing the Indian Penal Code-1860, the Code of Criminal Procedure Act-1898 and the Indian Evidence Act of 1872, respectively — with Rajya Sabha clearing the three Bills on Thursday. Hailing …

Criminal Justice Evidence Act British Mob Lynching Shah Bjp Parliament
Supreme Court Half Yearly Digest 2023- Law Of Evidence
1 year, 1 month ago

Supreme Court Half Yearly Digest 2023- Law Of Evidence

Live Law  

Admission Any concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. Indrajit Das v. State of Tripura, 2023 LiveLaw 152 : AIR 2023 SC 1239 : 2023 INSC 175 Golden principles with regard to conviction in a case which rests entirely on circumstantial evidence …

Law Karnataka Kerala Delhi Supreme Court Bihar Evidence
Parl Panel Defers Adoption of Bills Replacing IPC, CrPC & Evidence Act; Oppn MPs Seek Extension till March 2024
1 year, 1 month ago

Parl Panel Defers Adoption of Bills Replacing IPC, CrPC & Evidence Act; Oppn MPs Seek Extension till March 2024

News 18  

Amid the ongoing war of words between members of the opposition and the ruling party, the standing committee for home affairs on Friday decided to hold the next meeting on November 6 to discuss and adopt the draft report of the three bills referred to it by Union Home Minister Amit Shah-led Ministry in the last monsoon session of Parliament. …

India Justice Evidence Act Congress Criminal Opposition British
Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 2 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

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