Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

A collection of 96 posts

Criminal

Kum. Shubha @ Shubhashankar vs State Of Karnataka 2025 INSC 830 - S.65B Evidence Act - Art.161 Constitution

note: We do not think it is proper to hide the judgment itself from you. However, you must sign in or subscribe to read the notes we have made on this judgment. Click Here To Read Judgment 💡Law of Evidence * Indian Evidence Act 1872 - Section 65B - The compliance

Criminal Trial

Kattavellai @ Devakar vs State Of Tamilnadu 2025 INSC 845 - DNA Sample Collections - Directions Issued

Criminal Trial -Collection Of DNA Samples - Directions Issued: In all cases where DNA Evidence is involved: (1) The collection of DNA samples once made after due care and compliance of all necessary procedure including swift and appropriate packaging including a) FIR number and date; b) Section and the statute

Indian Evidence Act 1872 : Bharatiya Sakshya Adhiniyam 2023

Vibhor Garg vs Neha 2025 INSC 829 - Secretly Recorded Conversation - S.122 Evidence Act

💡Whether a secretly recorded conversation can be permitted to be given in evidence? Indian Evidence Act 1872 - The three-fold test of relevance, identification and accuracy has to be satisfied before a Court admits a recorded conversation in evidence. However, the fact that the conversation was recorded without the consent

Criminal

Chetan vs State Of Karnataka 2025 INSC 793 - Ss.8,27 Evidence Act-Motive, Reasonable Doubt, Circumstantial Evidence - S.313 CrPC

Indian Evidence Act 1872 - Section 8 - [ Section 6 BSA] - Mere absconding by itself does not constitute a guilty mind as even an innocent man may feel panicky and may seek to evade the police when wrongly suspected of being involvement as an instinct of self-preservation. But the

Criminal

P Krishna Mohan Reddy vs State Of Andhra Pradesh 2025 INSC 725 - CrPC - Evidence Act - Anticipatory Bail - Confession Of Co-accused

❓Can anticipatory bail be granted merely on the ground that custodial interrogation is not required ? Code of Criminal Procedure 1973 - Section 438 [Section 482 BNSS] - Anticipatory Bail - Custodial interrogation -Even in cases where custodial interrogation may not be required the court is obliged to consider the entire

Civil Law

Shubhkaran Singh vs Abhayraj Singh 2025 INSC 628 - Order XVIII Rule 17 CPC - S.165 Evidence Act

Code of Civil Procedure 1908 - Order XVII Rule 17 - If it appears to a court trying the suit at any stage of the proceedings that it is necessary to recall and further examine a witness it can always do so. This power can be exercised even at the

Criminal

Chunni Bai vs State Of Chhattisgarh 2025 INSC 577 - S.84 IPC - Insanity - Murder - S. 165 Evidence Act

Indian Penal Code 1860 - Section 84 -What Section 84 IPC provides is legal insanity as distinguished from medical insanity. A person is said to be of unsound mind on whom criminal liability cannot be fastened if at the time of commission of the act, he is incapable of knowing

Criminal

K. P. Tamilmaran vs State 2025 INSC 576 - FIR - Hostile Witness - S. 165 Evidence Act - Honour Killing

Code of Criminal Procedure 1973 - Section 154 - Even in the absence of a formal informant, the police is duty-bound to register the case whenever they receive any information regarding the commission of a cognizable offence. (Para 69) Indian Evidence Act 1872 - Section 165 ; Code of Criminal Procedure

Civil Law

Annaya Kocha Shetty (D) vs Laxmibai Narayan Satose 2025 INSC 466 - Contract - Ss.91,92 Evidence Act - Pleadings and Judgment

Contracts - The guide to the construction of deeds and tools adopted can broadly be summarised as follows: (1) The contract is first constructed in its plain, ordinary and literal meaning. This is also known as the literal rule of construction - (2) If there is an absurdity created by

Criminal

Jagdish Gond vs State of Chhattisgarh 2025 INSC 460 - Appeal Against Acquittal - S. 106 Evidence Act - Last Seen Together

Code of Criminal Procedure 1973 - Section 378 - Unless it is demonstrated that there is some manifest illegality or perversity in the conclusions recorded by the Trial Court while arriving at the finding of guilt of the accused, an acquittal ordinarily should not be reversed. Where two views were

Criminal

Karandeep Sharma @ Razia @ Raju vs State Of Uttarakhand 2025 INSC 444 - POCSO-Rape Cases - DNA Profiling - Non Examination Of Scientific Expert

Criminal Trial - POCSO/Rape Cases - Non-examination of the scientific expert who carried out the DNA profiling is fatal, and the DNA report cannot be admitted in evidence -DNA profiling reports cannot be admitted in evidence ipso facto by virtue of Section 293 CrPC and it is necessary for

Customs Act

Gastrade International vs Commissioner Of Customs, Kandla 2025 INSC 411 - S. 45 Evidence Act - Customs Act- Most Akin Test

Customs Act, 1962 - Most Akin Test - If the attributes of the imported goods show that the goods are “most akin” to the specified goods amongst an array of other specified goods, these imported goods have to be classified as the specified goods with which these goods bear the

Civil Law

Yerikala Sunkalamma Vs State Of Andhra Pradesh 2025 INSC 383 - S.80 CPC Notice - Art.300A Constitution - Declaratory Title Suits Against Government

Code of Civil Procedure 1908- Section 80 -The primary objective behind Section 80 of the CPC is to provide the Government or a public officer with an opportunity to assess the legal merits of a claim and potentially settle it if it appears to be just and reasonable (Para 97)

Criminal

State Of Rajasthan vs Chatra 2025 INSC 360 - Rape Cases - Silence Of Prosecutrix

Indian Penal Code 1860 - Section 375 - If the prosecutrix is unable to testify, or for some justifiable reason remains unexamined, the possibility of conviction is automatically excluded - The testimony of the prosecutrix is present and forms an essential part of the conviction of an accused, but at

Criminal

Sita Ram vs State Of Himachal Pradesh 2025 INSC 359 - Dying Declaration - Apprehension Of Death

Indian Evidence Act - Section 32- Admissibility of a dying declaration not dependent upon the person's having a consciousness of the approach of death. Even if the person did not apprehend that he would die, a statement made by him about the circumstances of his death would be

Criminal

State Of Chhattisgarh vs Ashok Bhoi 2025 INSC 256 - Last Seen Theory

Indian Evidence Act 1872 - Section 106 - Last Seen Theory - If the prosecution proves by leading reliable evidence that the accused was last seen with the deceased, the burden would be shifted on the accused to explain the said incriminating evidence either in his statement under Section 313

Criminal

Patel Babubhai Manohardas vs State Of Gujarat 2025 INSC 322 - Abetment Of Suicide - Handwriting Expert Evidence -Poisoning

Indian Penal Code 1860 - Section 306 - Abetment to commit suicide involves a mental process of instigating a person or intentionally aiding a person in the doing of a thing. Without a positive proximate act on the part of the accused to instigate or aid in committing suicide, conviction

Criminal

Suresh Vs State 2025 INSC 318 - S.32 Evidence Act - Dying Declaration

Indian Evidence Act 1872 - Section 32 - Dying Declaration -In cases where the dying declaration is suspicious, it is not safe to convict an accused in the absence of corroborative evidence- That a dying declaration is an important piece of evidence and a conviction can be made by relying

Criminal

Hiralal Babulal Soni vs State Of Maharashtra 2025 INSC 266 - S 411 IPC - S 114 Evidence Act

Indian Penal Code 1860 - Section 411- In order to bring home the charge under Section 411 of the IPC, it is the duty of the prosecution to prove (i) that the stolen property was in the possession of the accused; (ii) that some persons other than the accused had

Criminal

State Of Madhya Pradesh vs Balveer Singh 2025 INSC 261 -Ss. 106,118 Evidence Act - Child Witness

Indian Evidence Act 1872 - Section 118 - Principles on appreciation of evidence of Child witness: (I) The Evidence Act does not prescribe any minimum age for a witness, and as such a child witness is a competent witness and his or her evidence and cannot be rejected outrightly. (II)

Criminal

Md. Bani Alam Mazid @ Dhan vs State Of Assam 2025 INSC 260 - S 27,106 Evidence Act - Last Seen Together

Indian Evidence Act 1872 - Section 27 -The word ‘fact’ contemplated in Section 27 of the Evidence Act is not limited to ‘actual physical material object.’ Discovery of fact arises by reason that the information given by the accused exhibited the knowledge or the mental awareness of the informant as

Criminal

Vinod @ Nasmulla vs State Of Chhattisgarh 2025 INSC 220 - Test Identification Parade - Criminal Investigation

Indian Evidence Act, 1872 - Section 9 -A test identification parade is not substantive evidence in a criminal prosecution but is only corroborative evidence. The purpose of holding a test identification parade during the stage of investigation is, firstly, to ensure that the investigating agency is proceeding in the right

Criminal

Vinod Kumar vs State (Govt. of NCT of Delhi) 2025 INSC 209 - S 145 Evidence Act - S 161 CrPC - Circumstantial Evidence

Indian Evidence Act 1872 - Section 145 - Code Of Criminal Procedure 1973 - Section 161 - The portion of the prior statement shown to the witness for contradicting the witness must be proved through the investigating officer. Unless the said portion of the prior statement used for contradiction is

Criminal

State Of Uttar Pradesh vs Survendra Kumar @ Sunil Kumar - S 27 Evidence Act - Independent Witness Turns Hostile

Indian Evidence Act 1872 - Section 27 - If an independent witness turns hostile that does not mean that the evidence in the form of panchnama is to be outright rejected or discarded. The Investigating Officer can definitely prove the contents of the panchanama. 45. However, the law expects the

Criminal

Ravi vs State Of Punjab 2025 INSC 170 - S 106 Evidence Act

Indian Evidence Act 1872- Section 106 -The initial burden is upon the prosecution to first prima facie establish the guilt of the accused and then only the burden shifts upon the accused to explain the circumstances. (Para 21-22) C ourt should apply Section 106 of the Evidence Act in criminal