What are the important sections and provisions in the Indian Evidence ...
Important Sections and Provisions in the Indian Evidence Act for UPSC Law Optional Subject
The Indian Evidence Act, 1872 is an essential legislation that governs the admissibility, relevancy, and weight of evidence in Indian courts. As a UPSC law optional subject candidate, it is crucial to have a thorough understanding of the Act and its important sections and provisions. Here are some key sections and provisions that you should be familiar with:
1. Section 3: Interpretation Clause
This section defines various terms used in the Act, such as "evidence," "fact," "relevant," "proved," etc. It provides a foundation for understanding the subsequent sections.
2. Section 5: Evidence may be given of facts in issue and relevant facts
Section 5 establishes the fundamental principle that evidence can be presented for facts in issue and relevant facts. It sets the stage for determining the admissibility of evidence based on its relevance.
3. Section 8: Motive, preparation, and previous or subsequent conduct relevant
Section 8 allows the introduction of evidence related to the motive, preparation, and previous or subsequent conduct of a person involved in a case. This provision helps establish a person's state of mind or intention.
4. Section 24: Confession caused by inducement, threat, or promise, when irrelevant in criminal proceedings
Section 24 states that a confession made under the influence of inducement, threat, or promise is irrelevant in criminal proceedings. It ensures that coerced or manipulated confessions are not considered as valid evidence.
5. Section 32: Statements, written or verbal, of relevant facts made by a person who is dead or cannot be found
Section 32 allows for the admission of statements made by a person who is dead or cannot be found. Such statements are considered relevant facts and can be used as evidence under certain circumstances.
6. Section 45: Opinion of experts
Section 45 deals with the admissibility of expert opinions. It states that opinions given by experts in their respective fields are admissible as evidence, provided certain conditions are met.
7. Section 65B: Admissibility of electronic records
Section 65B specifically addresses the admissibility of electronic records as evidence. It lays down the requirements for the admissibility of electronic evidence, including the certification of the electronic record by a competent authority.
8. Section 90: Presumption as to documents thirty years old
Section 90 establishes a presumption of validity for documents that are thirty years old. It states that documents that appear to be ancient and are produced from proper custody are presumed to be genuine.
9. Section 113A and 113B: Presumption as to abetment of suicide and dowry death
Sections 113A and 113B create legal presumptions in cases of abetment of suicide and dowry death, respectively. These provisions shift the burden of proof onto the accused by establishing certain presumptions based on specific circumstances.
10. Section 145: Cross-examination as to previous statements in writing
Section 145 allows for the cross-examination of witnesses regarding their previous statements made in writing. This provision helps in testing the credibility and consistency of witnesses.
Understanding these
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