Monday 14 April 2014

Previous questions/topics(2013) from Indian Evidence Act



2013

The Indian Evidence Act, 1872 came into force on the first day of September, 1872.


Motive is a thing primarily known to the accused himself and it may not the possible for the prosecution to explain what actually prompted or excited him to commit a particular crime.


Under Evidence Act, 1872 this is well established that where there is an eyewitness account of the incident, motive loses all its importance


Explanation of this section  of Indian Evidence Act shall not enable a person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.


What is required to be established for bringing hearsay evidence within the ambit of Section 6 of Indian Evidence Act that it must be almost contemporaneous with the acts and there could not be an interval which would allow fabrication.


When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant under section 8 of Indian Evidence act.


Where the ocular evidence is very clear and convincing and the role of the accused person in the crime stands clearly established, establishment of motive is not a sine qua non for proving the prosecution case.This is decided by the Supreme court in the case of  Yunis alias Kariya v. State of Madhya Pradesh, AIR 2003 SC 539.

Previous or subsequent conduct is relevant under Section 8 of Indian Evidence Act.

The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts under Section 7 of Indian Evidence Act.


The question is, whether A committed a crime. The facts that, A absconded after receiving a letter warning that inquiry was being made for the criminal, and the contents of the letter, are relevant under Section 8 of Indian Evidence Act.


Facts which, though not in issue are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places under Section 6 of Indian Evidence Act.

A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant under Section 8 of Indian Evidence Act.


When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant as per the explanation of section 8 of Indian Evidence act.

The question is, whether A robbed B. The facts that, shortly before the robbery B went to a fair with money in his possession, and that he showed it to third persons, are relevant facts under Section 7 of Indian Evidence Act.


The question is, whether certain goods ordered from B were delivered to A. the goods were delivered to several intermediate persons successively. Each delivery is a relevant fact Section 6 of Indian Evidence Act.




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