Wednesday, May 9, 2012

The main principles of the Evidence Act are


The main principles of the Evidence Act are

Evidence must be given on matters in issue
Best evidence must be tendered
Hearsay evidence must be kept out

Exceptions to the Rule of  Hearsay Evidence - Policy for such Rule
Necessity
Peculiar Means of Knowledge

Exceptions to the Rule that Hearsay is not Admissible [S.32]
Statements made orally or in writing by a person
who is dead
who cannot be found
who has become incapable of giving evidence
whose attendance cannot be procured without an amount of delay or expense
are relevant for
*      Dying Declarations DD [S.32 (1)]
*      Statements made in the course of duty [S.32(2)]
*      Statements against Interest [S.32(3)]
*      Statements as to Public Rights [S. 32(4)]
*      Statements as to pedigree [S.32(5)]
*      Statements as to Genealogy [S.32(6)]
*      Statements as to transaction [S.32(7)]
*      Statements made by several persons [S.32(8)]





*      Dying Declarations DD [S.32 (1)]

In trials for death of the declarant
the declarant made statement
as to the cause of his death
with or without expectation of death

the declaration
            may be in answer to leading questions;
            may be oral, written or by signs;
            must be confined to the circumstances which led to his death;
must be confined to such evidence as the declarant would have been competent to give had he lived.

To Whom DD Should be Made - Magistrate, Doctor, Police, any person
Mode of recording DD - In writing, in his own words, in question answer form
Proof of Dying Declarations - similar to any other evidence
must be scrutinised closely
in the light of surrounding facts and circumstances
bearing in mind that the deceased has not been examined on oath
and he has not been cross examined

Evidentiary Value of DD - Conviction may follow if found, true, consistent, correct observation by deceased. made at the earliest opportunity, no tutoring of interested parties




if the declarant survived
            as a witness under examination
the statement will be considered as corroborative evidence u/s. 157

*      Statements made in the course of duty [S.32(2)]

Statements made in the ordinary course of business in particular
any entry or memorandum made by him in books kept in the ordinary course of business or in discharge of professional duty;
an acknowledgement written or signed by him of receipt of money, goods, securities of property of any kind;
a document used in commerce written or signed by him;
the date of a letter of other documents usually dated, written or signed by him.

*      Statements against Interest [S.32(3)]
Statements 
against pecuniary or proprietary interest of maker
if true, expose him to a criminal prosecution  or to a suit for damages

*      Statements as to Public Rights [S. 32(4)]
Opinion,
as to the existence of  any public right or custom or matter of public or general interest
of which he is aware
made before any controversy as to such right, custom or matter had arisen.

*      Statements as to pedigree [S.32(5)]
Statements
as to existence of any relationship by blood, marriage or adoption
made before the question in dispute was raised
made by person had special means of knowledge

*      Statements as to Genealogy [S.32(6)]
Statements as to existence of any relationship by blood, marriage or adoption between persons deceased made
in any will, or deed of family affairs
in any family pedigree
upon any tombstone, family portrait or other thing
on which such statements are usually made
before the question in dispute was raised

*      Statements as to transaction [S.32(7)]
Statements
contained in any deed, will or other document
relates any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence

*      Statements made by several persons [S.32(8)]
Statements
            made by a number of persons
            expressed feelings or impressions relevant to matter in question.

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