Admission – Indian Evidence Law

Sahoo v. State of U.P

The probative value of an admission or a confession does not depend upon it’s communication to another, though just like any other piece of evidence, it can be admitted in evidence only on proof.  Statement, whether communicated or not, admitting guilt is a confession of guilt. In this case, as we have noticed, P.W 11, 13 and 15 deposed that they clearly heard the accused say when he opened the door of the house that he had finished Sunderpatti, his daughter-in-law and thereby finished the daily quarrels. The Court held that the extra-judicial confession is relevant evidence it certainly corroborates the circumstantial evidence adduced in the case.

Sita Ram Bhau Patil v. Ramchandra Patil

Admissions have to be clear if they are to be used against the person making them. Admissions are substantive evidence by themselves, in view of section 17 and 21 of the Indian Evidence Act, though they are not conclusive proof of the matters admitted. Therefore, mere proof of admission, after the person whose admission it is alleged to be had concluded his evidence, will be of no avail and cannot be utilized against him. The Court was right in rejecting the contentions advanced by the appellants that there was any admission and in setting aside the decision of Revenue Tribunal.

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Doctrine of Res Gestae – Indian Evidence Law

Y.E. Nagree v. State of Maharashtra

A contemporaneous tape recording of a relevant conversation formed part of the res gestae and is relevant and admissible under Section 6 of the Indian Evidence Act. The court must be satisfied beyond reasonable doubt that the record has not been tampered with, the evidence must be received with caution.

G.V. Rao v. State of Andhra Pradesh

The rationale in making certain statement or fact admissible under Section 6 of the Evidence Act is on account of the spontaneity and immediacy of such statement or fact in relation to the fact in issue, but in this case there was appreciable interval between the acts of the miscreants and the recording of the statements by judicial magistrate of the victims. The interval, therefore, blocks the statement from acquiring legitimacy under section 6 of the Act.

R.M. Sharma v. State of Bombay

The physical fact of identification has no separate existence apart from the statement involved in the very process of identification and in so far as a police officer seeks to prove the fact of such identification such evidence of his would be inadmissible in evidence. The only exception being the evidence sought to be given by the identifier himself in regard to his mental act of identification which he would be entitled to give by way of corroboration of his identification of the accused at the trial. The Court is satisfied that even excluding the evidence of the test identification parade in regard to him the balance of evidence remaining on record is enough to maintain his conviction

Daya Singh vs. State of Haryana

In the present case, there is no lapse on the part of the Investigation Officer holding the test identification parade. Where evidence is cogent, consistent and without any motive, it is no use to imagine and magnify theoretical possibilities with regard to the state of mind of the witnesses. The identification by the witnesses effected in the result that the physical features of accused must have been embedded in the memory of the witness and the evidence and the cross-examination of the witnesses, it is apparent that they gained enduring impression of the identity of the accused during the incident. Power of perception and memorizing differs from man to man and also depends upon the situation. It also depends upon the capacity to recapitulate what has been seen earlier.

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Theory of Relevancy – Indian Evidence Law

Pooran Mal v. Director of Inspection:

Evidence obtained by illegal search inadmissible, in the case the search and seizure were in contravention of the provisions of Section 132 of the Income Tax Act, still the material seized was liable to be used subject to law before the Income Tax authorities. Evidence obtained as a result of illegal search or seizure is not liable to be shut out.

R.M. Malkani v. State of Maharshtra:

Telephonic conversation being recorded by the police is admissible provided first, the conversation is relevant to the matters in issue, secondly, there is identification of the voice, and thirdly the accuracy of the tape-recorded conversation is proved by eliminating the possibility of erasing the recording. Contemporaneous tape record of a relevant conversation is a relevant fact and is admissible.

State of Punjab v. Baldev:

Evidence collected in a search conducted in violation of the safeguards provided in s.50 of the N.D.P.S Act cannot be used as evidence of proof of unlawful possession of the contraband on the accused though any other material recovered during that search may be relied upon by the prosecution of any other proceedings.

As long as it is not tainted by an inadmissible confession of guilt, evidence even if it is illegally obtained is admissible.

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Introduction to Evidence Law

Union of India v. T.R. Verma

The evidence of the respondent and his witnesses was not taken in the mode prescribed in the Evidence Act. The respondent did not cross-examine the witnesses because there was nothing left for him to cross-examine. Thus, there was no cross-examination, which is a fact, not that the request of the respondent to cross-examine was disallowed. The record in the light, find that there has been no violation of the principles of natural justice. The witnesses have been examined, and have spoken to all relevant facts bearing on the question.

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Law of Evidence Notes (Case Briefs)

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