What is the section 157 of Indian Evidence Act?
—In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact, at or about the time when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
What is Section 41 of Indian Evidence Act?
—A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as …
What is Section 24 of Indian Evidence Act?
Section 24 of Indian Evidence Act – confession caused by inducement, threat or promise, when irrelevant in criminal proceeding- A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise …
What is Section 61 of Indian Evidence Act?
Section 61 in The Indian Evidence Act, 1872. 61. Proof of contents of documents. —The contents of documents may be proved either by primary or by secondary evidence.
Can FIR be taken as evidence?
FIR is a public document prepared u/s-154 of Cr. P.C. A certified copy of an FIR can be given in evidence. A copy of the FIR can be given to the accused only under the order of the court after the court has taken cognizance of the case and not before.
How many sections are there in Indian Evidence Act?
167 sections
The Act. The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire.
What is Section 44 of Indian Evidence Act?
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
What is relevant judgment?
”Relevancy of judgement,” it means that every judgement is based upon the facts of each particular case. The previous judgment is not relevant to the subsequent case. More importance is given to the facts of the cases and on the basis of which judgement is given.
What is section 27 of evidence Act?
—Provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered, may be proved.
What is retracted confession?
A retracted confession is a confession voluntarily made by a person and subsequently retracted. State of Rajasthan[5] the Supreme Court held that a retracted form of confession can form the basis of a conviction if and only if the Court is satisfied that it was true and was made voluntarily.
What is relevant under section 8 of evidence Act?
The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses.
Who is attesting witness?
The expression ‘attesting witness’ within the meaning of Section 3 of the Transfer of Property Act and Section 63 of the Indian Succession Act means “bearing witness to a fact”.
What is section 138 of the Indian Penal Code?
An offence committed under Section 138 is a non-cognizable offence (a case in which a police officer cannot arrest the accused without an arrest warrant). Also, it is a bailable offence.
What is the procedure for Section 138 of the Act?
Procedure that is followed in matters with regard to Section 138 of the Act is as follows: A legal notice is to be issued to the drawer within 15 days of dishonor of cheque by registered post with all relevant facts. The drawer is given a time of 15 days to make the payment, if the payment is made then the matter is served and the issue is settled.
What are the ingredients of the offence under Section 138?
The ingredients of the offence under Section 138 are: ( a ) cheque is drawn by the accused on an account maintained by him with a banker; ( c) the cheque is returned unpaid for insufficiency of funds or that the amount exceeds the arrangement made with the bank, the offence standing committed the moment the cheque is returned unpaid.
What is the burden of proof under Section 138 of Act?
Offence under Section 138 of the Act is primarily a civil wrong. Burden of proof is on accused in view presumption under Section 139 but the standard of such proof is “preponderance of probabilities”.