Q1.

Definition of Document & Evidence under

Bharatiya Sakshya Adhiniyam (Indian
Evidence Act, 1872)
1. Introduction
The Bharatiya Sakshya Adhiniyam (Indian Evidence Act, 1872) governs the rules related to
admissibility, relevancy, and classification of evidence in Indian courts. Two essential concepts under
this law are "Document" and "Evidence."

📌 Sections Covered:
●​ Section 3 (Interpretation Clause) defines both "Evidence" and "Document."
●​ Various provisions explain how documents can be used as evidence in courts.

2. Definition of "Document" Under Bharatiya Sakshya

Adhiniyam
📜 Section 3 (Definition of Document)
According to the Act:

"Document" means any matter expressed or described upon any substance by means of letters,
figures, or marks intended to be used or which may be used for the purpose of recording that matter.

🔹 Simply put: A document is anything that contains information in written, printed, or digital form and
can be used as proof in a legal proceeding.

📝 Examples of Documents
✅ Written Documents – Agreements, Contracts, Wills, Sale Deeds​
✅ Printed Material – Newspapers, Books, Pamphlets​
✅ Electronic Records – Emails, WhatsApp Chats, SMS​
✅ Photographs, Maps, Plans – Property Maps, X-ray Reports​
✅ Fingerprints & Signatures – Digital & Physical Signatures
🔹 Important Case Law:​
State of Maharashtra v. Dr. Praful B. Desai (2003)​

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📌 The Supreme Court ruled that electronic records, including video conferencing, can be treated as
valid documents and evidence.

3. Definition of "Evidence" Under Bharatiya Sakshya

Adhiniyam
📖 Section 3 (Definition of Evidence)
The term “Evidence” includes:

1.​ Oral Evidence – Statements made by witnesses under oath before the court.
2.​ Documentary Evidence – Any written, printed, or electronic document used in legal
proceedings.

🔹 Key Types of Evidence:​

✅ Direct Evidence – A witness saw the crime happening.​
✅ Circumstantial Evidence – Evidence that suggests a fact indirectly.​
✅ Primary Evidence – The original document itself (Section 62).​
✅ Secondary Evidence – Certified copies, photocopies, or oral accounts about a document when the
✅ Electronic Evidence – Digital files, emails, CCTV footage (Amendment under IT Act, 2000).
original is unavailable (Section 63).​

🔹 Important Case Law:​

📌 The Supreme Court held that electronic records must comply with Section 65B of the Evidence Act
Anvar P.V. v. P.K. Basheer (2014)​

for admissibility.

4. Difference Between Document & Evidence

Aspect Document Evidence

Definition A written, printed, or electronic recor Anything that proves or disproves a fact in
containing information. legal case.

Nature A subset of evidence. A broader term that includes documents, o

testimony, and physical objects.

Example A contract, an email, a photograph. A witness testimony, CCTV footage, or a

forensic report.

Legal Section Section 3 (Definition of Document) Section 3 (Definition of Evidence)

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5. Admissibility of Documentary Evidence in Court
For a document to be admissible in court, it must fulfill certain legal conditions:

🔹 Primary vs. Secondary Evidence (Sections 62 & 63)

●​ Primary Evidence (Section 62): The original document is produced in court.
●​ Secondary Evidence (Section 63): If the original is lost, a certified copy, Xerox, or oral account
can be used.

🔹 Electronic Evidence & Section 65B (IT Act, 2000 Amendment)

📌 For electronic records (emails, WhatsApp, CCTV), certification under Section 65B is required.
6. Conclusion
📌 "Documents" are a form of "Evidence" under the Bharatiya Sakshya Adhiniyam.​
📌 Documents can be written, printed, or electronic.​
📌 Evidence includes both documentary proof and oral testimony.​
📌 For electronic evidence, compliance with Section 65B is mandatory.
Q2. Admission under Bharatiya Sakshya
Adhiniyam (Indian Evidence Act, 1872) –
Detailed Explanation
1. Introduction
The concept of admission under the Bharatiya Sakshya Adhiniyam (Indian Evidence Act, 1872)
plays a crucial role in legal proceedings. Admissions are statements made by a party to a case that can
be used as evidence against them. They help in establishing facts and reducing the need for further
proof.

📌 Relevant Sections:
●​ Section 17 – Definition of Admission
●​ Sections 18-23 – Rules regarding admissions
●​ Section 31 – Effect of admissions

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2. Definition of Admission (Section 17)
According to Section 17,​
"An admission is a statement, oral or documentary, which suggests any inference as to any fact in
issue or relevant fact, and which is made by any of the persons under the circumstances mentioned in
the Act."

🔹 Key Elements of Admission:

✅ Statement – It can be oral, written, or contained in electronic form.​
✅ Inference about a fact – It must relate to a fact in issue or a relevant fact.​
✅ Made by specific persons – As per Sections 18-20, it should be made by parties involved in the
case or their representatives.

3. Types of Admissions
📌 1. Formal vs. Informal Admission
●​ Formal Admission – Made in court, such as pleadings or affidavits.
●​ Informal Admission – Made outside court, such as in letters, verbal conversations, or emails.

📌 2. Judicial vs. Extra-Judicial Admission

●​ Judicial Admission – Made in court during legal proceedings (e.g., admissions in written
pleadings).
●​ Extra-Judicial Admission – Made outside court but can be used as evidence (e.g., confession
to a friend).

📌 3. Express vs. Implied Admission

●​ Express Admission – Directly stated by a party (e.g., "Yes, I signed the contract").
●​ Implied Admission – Inferred from a person’s conduct (e.g., silence when accused).

📌 4. Admission in Civil vs. Criminal Cases

●​ Civil Cases: Admission is relevant but not conclusive proof (Section 31).
●​ Criminal Cases: Mere admission of guilt is not enough; it must be supported by other evidence
(Section 24-30).

4. Who Can Make an Admission? (Sections 18-20)

Only specific persons’ admissions are admissible:

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 Sectio Who Can Make an Admission?

Section 18 Parties to the proceeding or their agents.

Section 19 Persons whose position is in question (e.g., legal representatives).

Section 20 Persons referred to by parties as authoritative.

🔹 Example: If A refers to B as an expert and B makes a statement, it is admissible against A.

5. Admissions in Civil & Criminal Cases
📌 Admissions in Civil Cases
✔️ Admissions are relevant but not conclusive proof.​
✔️ Once an admission is made, the burden of disproving it shifts to the person making it.​
✔️ Example: In a property dispute, if one party admits the ownership of another, the admission can be
used against them.

📌 Admissions in Criminal Cases

✔️ Mere admission of guilt is not sufficient to convict a person.​
✔️ A confession is a special type of admission (covered under Sections 24-30).​
✔️ Example: If a person confesses to a police officer, it is not admissible unless made before a
magistrate (Section 25).

6. Effect of Admission (Section 31)

📌 Section 31 states that admissions are not conclusive proof but can be used as evidence.
🔹 Key Points:
✔️ Admissions are binding – The person making the admission cannot deny it later.​
✔️ They shift the burden of proof – The person who admitted something has to prove otherwise.​
✔️ Not always conclusive proof – The court can still ask for further evidence.
🔹 Case Law:​
📌 Held that admissions must be clear, unambiguous, and made voluntarily to be admissible.
Narayan Bhagwantrao Gosavi Balajiwale v. Gopal Vinayak Gosavi (1960)​

7. When Admissions Are Not Relevant (Sections 22-23)

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📌 Section 22: Oral Admissions of Documents
❌ Oral admissions regarding the contents of a document are not relevant unless the document is
lost or cannot be produced.

📌 Section 23: Admissions in Civil Cases (Without Prejudice Clause)

❌ If an admission is made under an agreement that it will not be used in court, it is not admissible.
🔹 Example: If two parties try to settle a dispute and one admits something in a settlement discussion,
that admission cannot be used in court if the agreement says so.

8. Difference Between Admission & Confession

Basis Admission Confession

Meaning A statement that suggests an inference A statement where a person accepts

a fact. guilt.

Applies to Both civil and criminal cases. Only criminal cases.

Voluntary Nature Not always voluntary. Must be voluntary.

Example A admits he signed a contract. A confesses to committing murder.

Legal Sections Sections 17-23. Sections 24-30.

9. Conclusion
✔️ Admissions are key evidence under Bharatiya Sakshya Adhiniyam.​
✔️ They can be oral, written, or electronic.​
✔️ They are not always conclusive proof but can shift the burden of proof.​
✔️ In criminal cases, admissions (confessions) must be voluntary to be admissible.
Q3. Confession under Bharatiya Sakshya
Adhiniyam (Indian Evidence Act, 1872)
1. Introduction

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The term "Confession" plays a crucial role in criminal cases under the Bharatiya Sakshya
Adhiniyam (Indian Evidence Act, 1872). A confession is a direct acknowledgment of guilt by the
accused, making it one of the most powerful pieces of evidence in a trial. However, not all confessions
are admissible, and the law sets strict conditions to ensure fairness and prevent coercion.

📌 Relevant Sections:
●​ Section 24-30 – Rules governing confessions
●​ Section 17 – Defines admissions (Confession is a subset of admission)

2. Meaning & Definition of Confession

The Indian Evidence Act, 1872 does not explicitly define "Confession." However, courts have
interpreted it as:

📌 "A statement made by a person admitting guilt of an offense, either wholly or partially."
🔹 Key Features of Confession
✔️ Must be a direct acknowledgment of guilt.​
✔️ Can be oral, written, or electronic.​
✔️ Must be voluntary and without coercion.​
✔️ Must be made before a competent authority.
🔹 Case Law:​
📌 Held that a confession must either admit guilt entirely or admit all essential facts constituting the
Pakala Narayana Swami v. Emperor (1939)​

offense.

3. Types of Confession
📌 1. Judicial & Extra-Judicial Confession
Type Meaning Example Admissibility

Judicial ConfessA confession made before a ju A statement made in Fully admissible as evid
or magistrate. admitting to a crime.

Extra-Judicial A confession made outside of cTelling a friend, "I Admissible only if prove
Confession to anyone (e.g., friend, police o committed the crime." voluntary and true.
priest).

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🔹 Case Law:​
📌 Judicial confessions have stronger evidentiary value than extra-judicial confessions.
Kashmira Singh v. State of M.P. (1952)​

📌 2. Voluntary vs. Involuntary Confession

Type Meaning Admissibility

Voluntary Confession Given freely, without pressure or coercion. Admissible in court.

Involuntary Confessio Obtained through threat, inducement, or Not admissible (Section 24

coercion.

🔹 Case Law:​
📌 A voluntary confession must be true, free from coercion, and consistent with facts.
Shankaria v. State of Rajasthan (1978)​

📌 3. Retracted Confession
✔️ A confession that is later withdrawn by the accused.​
✔️ Admissible but needs corroboration.​
✔️ Example: A person confesses to a crime but later denies it in court.
🔹 Case Law:​
📌 Retracted confessions can be used if supported by independent evidence.
Pyare Lal v. State of Rajasthan (1963)​

4. Legal Provisions on Confession (Sections 24-30)

📌 Section 24: Confession Made Under Inducement, Threat, or Promise
✔️ A confession is not admissible if obtained through:
●​ Inducement (promise of benefit)
●​ Threat (fear of punishment)
●​ Promise of leniency

🔹 Example: If a police officer promises an accused person that they will get a lighter punishment if
they confess, the confession will be inadmissible in court.

🔹 Case Law:​
📌 Confession made under police pressure is inadmissible.
Emperor v. Shivappa Kalu (1940)​

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📌 Section 25: Confession to Police Officer is Inadmissible
✔️ Any confession made to a police officer cannot be used as evidence.
🔹 Example: If an accused person tells a police officer, "I committed the crime," it cannot be used in
court.

🔹 Case Law:​
📌 Confessions to police officers are unreliable because of the risk of coercion.
State of U.P. v. Deoman Upadhyaya (1960)​

📌 Section 26: Confession in Police Custody is Inadmissible

✔️ If a person confesses while in police custody, it is not admissible unless made before a magistrate.
🔹 Example: A suspect confesses in jail while being interrogated by police – inadmissible.​
🔹 Exception: If made before a magistrate (Section 164 CrPC), it can be used.
🔹 Case Law:​
📌 Confession made in police custody cannot be used unless recorded by a magistrate.
Aghnoo Nagesia v. State of Bihar (1966)​

📌 Section 27: Discovery of Facts from Confession

✔️ If a confession leads to discovery of new evidence, that part of the confession is admissible.​
✔️ Example: If an accused says, "I hid the murder weapon in my house," and the police find it there,
the recovery of the weapon is admissible evidence.

🔹 Case Law:​
📌 Only that part of the confession which leads to discovery is admissible.
Pulukuri Kottaya v. Emperor (1947)​

📌 Section 28: Confession After Removal of Inducement, Threat, or Promise

✔️ If a confession was initially made under coercion but later repeated voluntarily, the second
confession is admissible.

🔹 Example: If police initially forced an accused to confess, but later the accused voluntarily repeats
the confession before a magistrate, it is admissible.

📌 Section 29: Confession Not Invalid Due to Improper Custody

✔️ Confessions are admissible even if made under irregular circumstances, as long as they are
voluntary.

🔹 Example: If an accused confesses in a private conversation without pressure, it is admissible.

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📌 Section 30: Confession of Co-Accused
✔️ If one accused confesses, the confession can be used against the co-accused if they are being
✔️ However, it is not conclusive proof and must be supported by independent evidence.
tried together.​

🔹 Example: A and B are arrested for robbery. A confesses, implicating B. The court can use A’s
confession against B, but it is not sufficient to convict B alone.

🔹 Case Law:​
📌 Confession of a co-accused has weak evidentiary value unless supported by other evidence.
Haricharan Kurmi v. State of Bihar (1964)​

5. Difference Between Confession & Admission

Aspec Confession Admission

Definition A statement admitting guilt of a crimeA statement suggesting an inference about a

Scope Only in criminal cases. Both civil and criminal cases.

Effect Can be the basis of conviction. Not enough for conviction alone.

Example "I murdered him." "I was present at the crime scene."

6. Conclusion
✔️ Confessions are powerful evidence but must be voluntary to be admissible.​
✔️ Confessions to police officers (Section 25) or in police custody (Section 26) are inadmissible
✔️ Discovery of facts (Section 27) from confessions is admissible.​
unless made before a magistrate.​

✔️ Confessions of a co-accused (Section 30) have limited value.

Q4. Doctrine of Res Gestae under Bharatiya
Sakshya Adhiniyam (Indian Evidence Act,
1872)
1. Introduction

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The Doctrine of Res Gestae is a fundamental principle under the Bharatiya Sakshya Adhiniyam
(Indian Evidence Act, 1872) that allows certain statements or facts to be admissible in court, even if
they are technically hearsay. This doctrine is particularly useful in criminal cases where events
happen so quickly that the statements made at the time are considered trustworthy.

📌 Relevant Section:
●​ Section 6 of the Indian Evidence Act, 1872

🔹 Meaning of Res Gestae

✔️ The term "Res Gestae" is a Latin phrase meaning "things done" or "the facts forming part of
✔️ It includes statements, actions, and circumstances that are directly connected with the event
the same transaction."​

✔️ Exception to the hearsay rule – Normally, hearsay evidence is not admissible, but under Res
in question.​

Gestae, spontaneous statements related to an event are allowed.

🔹 Case Law:​
📌 A woman made a phone call saying "My husband is going to kill me!" before she was murdered.
Ratten v. R (1971)​

The court admitted the statement under Res Gestae.

2. Legal Provision: Section 6 of the Indian Evidence Act

📌 Section 6: "Facts which form part of the same transaction are relevant, whether they occurred at
the same time and place or at different times and places."

🔹 Key Elements of Res Gestae (Section 6)

✅ The statement must relate to the main event.​
✅ It must be spontaneous and not a later fabrication.​
✅ It should be made by someone who was involved in or witnessed the event.​
✅ It should be closely connected in time and place to the event.
🔹 Example:​
A murder takes place, and a bystander immediately shouts, "Look! That man just stabbed him!" This
statement is admissible under Res Gestae as it is spontaneous and directly linked to the crime.

3. Importance of the Doctrine

✔️ Ensures reliable evidence – Statements made in the heat of the moment are considered
✔️ Helps in criminal cases – Provides crucial evidence where direct proof is unavailable.​
trustworthy.​

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✔️ Covers verbal and physical acts – Not just spoken words, but also actions, gestures, or
emotional reactions.

🔹 Case Law:​
📌 The Supreme Court held that a statement made by an injured person immediately after an attack is
Sukhar v. State of U.P. (1999)​

admissible under Res Gestae.

4. Conditions for Applying Res Gestae

Condition Explanation Example

Statement must be Should be made immediately, witho A person shouts “Fire!” on seei
spontaneous time for reflection. burning building.

Statement must be relatedMust describe or explain the main eWitness screams "That car ran
the event the child!"

No gap between event an Long delays reduce reliability. A victim’s immediate scream af
statement being attacked is admissible.

Statement made by a Must be made by someone directly A shopkeeper sees a robbery a

participant or eyewitness involved in or witnessing the event. shouts, “They have guns!”

🔹 Case Law:​
📌 Statements made too long after an incident are not considered Res Gestae.
Gentela Vijayavardhan Rao v. State of A.P. (1996)​

5. Difference Between Res Gestae & Hearsay

Aspect Res Gestae (Sec 6) Hearsay Evidence

Definition Statements forming part of the same Statements made by someone who di
transaction. witness the event.

Admissibility Admissible under Section 6. Not admissible in most cases.

Time Factor Must be immediate or nearly immediate. Can be made much later.

Example A bystander shouts “That man stole the A person says, “My friend told me that
while witnessing a theft. accused stole the bag.”

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6. Situations Where Res Gestae Applies
📌 1. Criminal Cases
✔️ Statements made during or immediately after a crime.​
✔️ Example: A person being attacked shouts, "Help! This man is stabbing me!"
📌 2. Civil Cases
✔️ Statements made during accidents, contracts, or disputes are admissible.​
✔️ Example: A person falls in a store and immediately says, "The floor was wet with no sign!"
📌 3. Emotional Reactions
✔️ Gestures, screams, or panic reactions can be used as evidence.​
✔️ Example: A child crying and pointing at a person after being harmed.
7. When Res Gestae Does NOT Apply
❌ If the statement is made after a long delay​
❌ If the statement is not related to the event​
❌ If the statement is made under influence or suggestion
🔹 Case Law:​
📌 If a statement is made much after an incident, it is not considered Res Gestae.
Kalyan Kumar Gogoi v. Ashutosh Agnihotri (2011)​

8. Judicial Interpretations & Landmark Cases

📌 R v. Bedingfield (1879)
✔️ A woman, after being stabbed, said, "See what my boyfriend did!" before dying.​
✔️ The court rejected it as Res Gestae because she said it after the incident.
📌 Queen Empress v. Abdullah (1885)
✔️ A woman shouted "Abdullah is killing me!" while being attacked.​
✔️ The court admitted it as Res Gestae because it was spontaneous and related to the crime.
9. Conclusion

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✔️ Res Gestae is a crucial exception to the hearsay rule that allows spontaneous statements to be
✔️ Section 6 of the Bharatiya Sakshya Adhiniyam ensures that statements made during an event
used as evidence.​

✔️ Key factors: spontaneity, connection with the event, and reliability.

are reliable and admissible.​

Q5. Dying Declaration Under Bharatiya

Sakshya Adhiniyam (Indian Evidence Act,
1872)
1. Introduction
A dying declaration is a statement made by a person who is on the verge of death, regarding the
cause or circumstances leading to their death. Under the Bharatiya Sakshya Adhiniyam (Indian
Evidence Act, 1872), such statements are admissible as evidence because a person who is about to
die is presumed to speak the truth.

📌 Relevant Section:
●​ Section 32(1) of the Indian Evidence Act, 1872

🔹 Meaning of Dying Declaration

✔️ A statement made by a dying person concerning the cause of their death.​
✔️ Admissible as evidence in court even though it is hearsay evidence.​
✔️ Based on the principle of "Nemo moriturus praesumitur mentire", which means "A man will not
meet his maker with a lie in his mouth."

🔹 Case Law:​
📌 Held that a dying declaration is admissible if it relates to the cause of death and is made voluntarily.
Pakala Narayana Swami v. Emperor (1939)​

2. Legal Provision: Section 32(1) of the Indian Evidence Act

📌 Section 32(1): "Statements made by a person as to the cause of their death, or as to any of the
circumstances which resulted in their death, are relevant in cases in which the cause of that person's
death comes into question."

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🔹 Key Features of Dying Declaration
✅ Must relate to the cause or circumstances of death.​
✅ The person must have died after making the statement.​
✅ Must be voluntary and without coercion.​
✅ Can be oral, written, or in gestures.​
✅ No requirement for the person to be under expectation of death.
🔹 Example:​
A person who is stabbed says, "My neighbor Ram stabbed me with a knife," before dying. This
statement is admissible as a dying declaration.

3. Forms of Dying Declaration

📌 1. Oral Dying Declaration
✔️ If a dying person speaks their last words to a doctor, police officer, or witness.​
✔️ Example: A person says, "The bus driver intentionally hit me," before dying.
📌 2. Written Dying Declaration
✔️ If the statement is written by the dying person or recorded by someone else.​
✔️ Example: A person writes, "My brother poisoned my food," before dying.
📌 3. Gestural Dying Declaration
✔️ If a person cannot speak but indicates their attacker through nods, eye movements, or signs.​
✔️ Case Law: Queen Empress v. Abdullah (1885) – The court accepted gestures by a dying person
as a valid dying declaration.

4. Who Can Record a Dying Declaration?

🔹 Judicial Magistrate (Preferred)​
🔹 Police Officer (If no magistrate is available)​
🔹 Doctor or Nurse (In medical cases)​
🔹 Any eyewitness (If no official is present)
🔹 Case Law:​
Munnu Raja v. State of M.P. (1976)​

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📌 A dying declaration does not need to be recorded by a magistrate, but if recorded by a magistrate,
it has higher evidentiary value.

5. Importance of Dying Declaration

✔️ Acts as direct evidence when no other evidence is available.​
✔️ Can lead to conviction if trustworthy.​
✔️ No need for cross-examination – exception to hearsay rule.
🔹 Case Law:​
📌 A dying declaration can be the sole basis for conviction if it is reliable and voluntary.
Ram Nath v. State of U.P. (1953)​

6. Admissibility of Dying Declaration

✅ Admissible When:
✔️ Made voluntarily without coercion.​
✔️ The person was in a fit state of mind.​
✔️ Related to the cause of death.
❌ Not Admissible When:
❌ If influenced by torture, threat, or police pressure.​
❌ If there is doubt about the mental capacity of the person.​
❌ If it does not relate to the cause of death.
🔹 Case Law:​
📌 If the dying person was unconscious or mentally unstable, the dying declaration is invalid.
Uka Ram v. State of Rajasthan (2001)​

7. Can a Dying Declaration Be the Sole Basis for Conviction?

✔️ Yes, but only if it is reliable and there are no contradictions.​
✔️ The court will assess accuracy, consistency, and voluntariness.

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🔹 Case Law:​
📌 A dying declaration can be the sole basis for conviction if it is free from doubts and fully reliable.
K.R. Reddy v. State of A.P. (1976)​

8. Conclusion
✔️ A dying declaration is an exception to the hearsay rule.​
✔️ It must be voluntary, related to the cause of death, and trustworthy.​
✔️ It can be oral, written, or gestural.​
✔️ If recorded by a magistrate, it has the highest evidentiary value.​
✔️ Courts can convict solely based on a dying declaration if it is reliable.

Q6. Opinion of Third Person – When Relevant

Under Bharatiya Sakshya Adhiniyam (Indian
Evidence Act, 1872)
1. Introduction
Generally, opinions are not admissible as evidence in a court of law because courts decide cases
based on facts, not personal views. However, under certain circumstances, the opinion of a third person
(expert or otherwise) becomes relevant and admissible under the Bharatiya Sakshya Adhiniyam
(Indian Evidence Act, 1872).

📌 Relevant Sections:
●​ Section 45 to 51 of the Indian Evidence Act, 1872

2. General Rule: Opinion Evidence is Not Admissible

🔹 The general rule in evidence law is that opinions are not admissible because:​
✔️ Courts rely on facts, not opinions.​
✔️ Witnesses should state what they observed, not what they think.​
✔️ The judge decides the case based on objective evidence.
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🔹 Exception: When the opinion of a third person is necessary for justice, it becomes relevant.

3. When is the Opinion of a Third Person Relevant?

The Indian Evidence Act, 1872 allows opinion evidence in specific situations:

🔹 (1) Expert Opinion – Section 45

📌 If a case involves scientific, technical, or professional matters, courts rely on expert opinions.
✅ Who is an Expert?​
✔️ A person skilled in science, art, foreign law, handwriting, or finger impressions.
✅ Examples of Expert Opinion:​
✔️ A doctor’s opinion on cause of death in a murder case.​
✔️ A handwriting expert’s opinion on forged documents.​
✔️ A fingerprint expert’s opinion to match crime scene evidence.​
✔️ A ballistic expert’s opinion on whether a bullet came from a specific gun.
🔹 Case Law:​
📌 The Supreme Court held that expert opinion is only admissible if supported by proper reasoning
Kalyan Kumar Gogoi v. Ashutosh Agnihotri (2011)​

and credibility.

🔹 (2) Opinion on Foreign Law – Section 38 & 45

📌 If a case involves laws of a foreign country, courts rely on experts in foreign law.
✅ Example:​
✔️ A contract was signed in France and is disputed in an Indian court. An expert in French contract
law can give an opinion.

🔹 (3) Handwriting Expert – Section 47

📌 Courts allow opinions of persons familiar with someone's handwriting.
✅ Example:​
✔️ A bank officer who has seen a customer’s signature can testify whether a signature is real or
forged.

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🔹 Case Law:​
📌 Handwriting expert’s opinion is admissible, but the court should independently verify it.
Murari Lal v. State of M.P. (1980)​

🔹 (4) Fingerprint Expert – Section 45

📌 Fingerprint matching is used in criminal investigations.
✅ Example:​
✔️ A forensic expert testifies that fingerprints on a murder weapon match the accused.
🔹 Case Law:​
📌 Fingerprint evidence was used to convict the accused.
State of Maharashtra v. Sukhdev Singh (1992)​

🔹 (5) Opinion on Relationship – Section 50

📌 Courts allow opinion evidence on family relations.
✅ Example:​
✔️ An old neighbor testifies that X and Y lived as husband and wife.​
✔️ A family friend confirms that A is B’s son.
🔹 Case Law:​
📌 Opinion evidence on relationships is admissible only if based on personal knowledge.
Dinanath v. State of Bihar (1980)​

🔹 (6) Opinion on Custom & Usage – Section 49

📌 If a case involves customary laws, courts accept opinions from people familiar with those
customs.

✅ Example:​
✔️ A village elder testifies about tribal inheritance customs.

🔹 (7) Opinion on Mental Condition – Section 45

📌 A psychiatrist’s opinion is relevant in cases involving insanity or mental illness.
19
✅ Example:​
✔️ A doctor testifies that an accused was mentally unstable at the time of the crime.
🔹 Case Law:​
📌 Medical experts’ opinions on mental illness are admissible but must be supported by medical
Surendra Mishra v. State of Jharkhand (2011)​

records.

4. What is the Weight of Opinion Evidence?

🔹 Opinion evidence is not conclusive. The court can:​
✔️ Accept or reject expert opinions.​
✔️ Consider other evidence along with it.​
✔️ Rely on cross-examination to test credibility.
🔹 Case Law:​
📌 The Supreme Court held that expert opinion must be corroborated by other evidence.
Ramesh Chandra Agarwal v. Regency Hospital (2009)​

5. Conclusion
✔️ General rule: Opinions are not admissible.​
✔️ Exception: Expert opinions, handwriting, fingerprints, customs, foreign law, and relationships are
✔️ Court is not bound by expert opinion but considers it carefully.
admissible.​

Q7. Doctrine of Estoppel Under Bharatiya

Sakshya Adhiniyam (Indian Evidence Act,
1872)
1. Introduction
The Doctrine of Estoppel is a principle in the Bharatiya Sakshya Adhiniyam (Indian Evidence Act,
1872) that prevents a person from denying or contradicting something they have previously stated or

20
accepted as true, if others have acted upon it. It ensures fairness and prevents fraudulent behavior in
legal proceedings.

📌 Relevant Section:
●​ Section 115 to 117 of the Indian Evidence Act, 1872

🔹 Principle of Estoppel:​
✔️ Prevents a person from going back on their words or actions.​
✔️ Protects those who relied on the earlier statement.​
✔️ Based on justice, equity, and good conscience.
🔹 Case Law:​
📌 Held that if a person makes a representation, they cannot later deny it if others have relied on it.
Pickard v. Sears (1837)​

2. Legal Provision: Section 115 – Estoppel

📌 Section 115: "When one person has, by declaration, act, or omission, intentionally caused or
permitted another person to believe something to be true and to act upon that belief, neither that person
nor their representatives shall be allowed to deny the truth of that thing in a legal proceeding."

🔹 Essential Elements of Estoppel

✅ Representation or Conduct: A person must have made a statement, act, or omission.​
✅ Reliance by Another Party: The other person must have believed and acted upon it.​
✅ Injustice If Denied: If the first person denies their statement, it would cause harm to the other
party.

🔹 Example:
●​ A tells B that a particular property belongs to C. Based on this, B buys the property from C.
Later, A cannot claim that the property actually belonged to him.

3. Types of Estoppel
📌 1. Estoppel by Representation (Section 115)
✔️ If a person makes a false statement of fact and another person relies on it, they cannot later
deny it.

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🔹 Example:
●​ X tells Y that he is the owner of a car, and Y buys it. Later, X cannot say that he was not the
owner.

🔹 Case Law:​
📌 A person who misrepresents ownership cannot later deny it if someone has acted on that
Saradmani Kandapan v. Sreekantan (2011)​

misrepresentation.

📌 2. Estoppel by Conduct
✔️ If a person acts in a way that leads another to believe something, they cannot later deny it.
🔹 Example:
●​ A regularly introduces B as his business partner. Later, he cannot deny B’s authority in business
dealings.

🔹 Case Law:​
📌 A company that allowed an agent to act on its behalf could not later deny the agent’s authority.
Ganges Mfg. Co. v. Soorjanmul (1880)​

📌 3. Promissory Estoppel
✔️ If a person makes a promise and another person relies on it, they cannot later withdraw the
promise.

🔹 Example:
●​ The government promises tax benefits to a company. The company invests money based on
this. Later, the government cannot deny the tax benefit.

🔹 Case Law:​
📌 The Supreme Court ruled that the government was bound by its promise of tax exemption.
Motilal Padampat Sugar Mills v. State of Uttar Pradesh (1979)​

📌 4. Estoppel Against a Minor (Section 116)

✔️ A tenant cannot deny the ownership of the landlord while occupying the property.
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🔹 Example:
●​ A tenant who has paid rent to a landlord cannot later deny the landlord’s ownership.

🔹 Case Law:​
📌 A tenant was stopped from denying his landlord’s title.
Kumarappa v. Raja of Venkatagiri (1912)​

📌 5. Estoppel Against the Government

✔️ The government cannot go back on its promise if individuals have relied on it.
🔹 Example:
●​ The government announces subsidies for farmers. Farmers invest in farming. The government
cannot later withdraw subsidies.

🔹 Case Law:​
📌 The Supreme Court ruled that the government is bound by its policy commitments if people have
Union of India v. Anglo Afghan Agencies (1968)​

acted upon them.

4. Exceptions to the Doctrine of Estoppel

A person can deny their previous statement in the following cases:

❌ If the statement was made under a mistake of fact or law.​

❌ If it was obtained by fraud, coercion, or undue influence.​
❌ If it contradicts statutory law.​
❌ If it is against public policy.
🔹 Case Law:​
📌 A person cannot be bound by estoppel if their statement was made under a mistake of law.
Babulal v. State of Haryana (1991)​

5. Conclusion
✔️ Estoppel ensures fairness in legal proceedings.​
✔️ Prevents a person from denying what they previously stated or accepted.​
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✔️ Types include representation, conduct, promissory, tenant-landlord, and government
✔️ Cannot be used if obtained through fraud, coercion, or against the law.
estoppel.​

Q8. Types of Documentary Evidence & When

Secondary Documentary Evidence May Be
Given Under Bharatiya Sakshya Adhiniyam
(Indian Evidence Act, 1872)
1. Introduction
In legal proceedings, documentary evidence plays a crucial role in proving facts. Under the Bharatiya
Sakshya Adhiniyam (Indian Evidence Act, 1872), documentary evidence refers to all documents
produced in court to establish a fact. It is categorized into primary and secondary evidence under
Sections 61 to 66 of the Act.

📌 Relevant Sections:
●​ Section 61 to 66 of the Indian Evidence Act, 1872

🔹 What is Documentary Evidence?​

✔️ Documents produced before a court as proof of facts.​
✔️ Includes written records, electronic records, and inscriptions.​
✔️ Can be primary or secondary evidence.
🔹 Case Law:​
📌 The Supreme Court ruled that documentary evidence carries greater weight than oral evidence if
State of Bihar v. Sri Radha Krishna Singh (1983)​

properly proved.

2. Types of Documentary Evidence

📌 1. Primary Documentary Evidence (Section 62)
✔️ The original document itself produced before the court.​
✔️ Considered the best evidence to prove a fact.​
✔️ No need for further proof, as it is direct evidence.
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🔹 Example:
●​ Original sale deed of a property produced in court to prove ownership.

🔹 Case Law:​
📌 An original sale agreement is primary evidence and must be produced unless unavailable.
Murarka Properties v. Beharilal (1978)​

📌 2. Secondary Documentary Evidence (Section 63)

✔️ A copy or substitute of the original document when the original is unavailable.​
✔️ Accepted only under special circumstances (explained below).​
✔️ Needs additional proof to confirm authenticity.
🔹 Types of Secondary Evidence:
1.​ Certified copies of documents.
2.​ Copies made from the original document by a mechanical process.
3.​ Counterparts of documents.
4.​ Oral accounts of the contents of the original document.

🔹 Example:
●​ If an original contract is lost, a certified photocopy may be presented as secondary
evidence.

🔹 Case Law:​
📌 Secondary evidence is admissible only if the party proves why the original cannot be produced.
H. Siddiqui v. A. Ramalingam (2011)​

3. When Can Secondary Documentary Evidence Be Given?

(Section 65)
📌 Section 65 of the Indian Evidence Act allows secondary evidence only in certain
circumstances when the original document is unavailable.

🔹 Conditions Under Which Secondary Evidence is Allowed

📌 1. When the Original Document is Lost or Destroyed (Section 65(a))
✔️ If the original is lost or destroyed without fraudulent intent, secondary evidence may be given.
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🔹 Example:
●​ A fire destroys a company's financial records. The company may submit photocopies or
digital records.

🔹 Case Law:​
📌 A lost document can be replaced with secondary evidence if proven that it was destroyed without
Kali Ram v. State of Himachal Pradesh (1973)​

malice.

📌 2. When the Original is in Possession of the Opponent (Section 65(b))

✔️ If the document is with the opposite party and they refuse to produce it, secondary evidence may
be given.

🔹 Example:
●​ A tenant refuses to present the rental agreement in court. The landlord may present a certified
copy instead.

🔹 Case Law:​
📌 A party cannot refuse to submit a document and then object to secondary evidence being
Sital Das v. Sant Ram (1954)​

presented.

📌 3. When the Original is a Public Record (Section 65(c))

✔️ If the document is part of a public record or a government document, certified copies may be
used.

🔹 Example:
●​ Land records, birth certificates, and court judgments can be proved through certified
copies.

🔹 Case Law:​
📌 Public records can be proved through certified copies since they are difficult to move.
State of Maharashtra v. Dr. Praful B. Desai (2003)​

📌 4. When the Original is in a Foreign Country (Section 65(d))

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✔️ If the original document is in a foreign country and cannot be easily brought to court, certified
copies or copies from official sources may be presented.

🔹 Example:
●​ A person in India sues for inheritance of property in the UK. Copies of UK property
documents may be admitted as secondary evidence.

🔹 Case Law:​
📌 Foreign documents can be proved through certified copies or government records.
Sarkar v. State of West Bengal (2001)​

📌 5. When the Original is Electronic Evidence (Section 65B)

✔️ Digital evidence (emails, CCTV footage, computer records, etc.) must be proved with a
certificate under Section 65B.

🔹 Example:
●​ A CCTV recording of a crime scene must be accompanied by a Section 65B certificate before
being admitted as evidence.

🔹 Case Law:​
📌 Held that electronic records without a Section 65B certificate are not admissible.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)​

4. Difference Between Primary & Secondary Documentary

Evidence
Feature Primary Evidence Secondary Evidence

Definition The original document itself Copies or substitutes of the original

Admissibility Always admissible Admissible only under Section 65 conditions

Proof Required No further proof needed Needs additional proof of authenticity

Example Original sale deed Certified photocopy of the sale deed

5. Conclusion

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✔️ Documentary evidence is crucial in legal proceedings.​
✔️ Primary evidence (original document) is preferred.​
✔️ Secondary evidence is admissible only under specific conditions (Section 65).​
✔️ Certified copies, electronic records, and duplicates may be used as secondary evidence.
Q9. Opinion of Experts Under Bharatiya
Sakshya Adhiniyam (Indian Evidence Act,
1872)
1. Introduction
In legal proceedings, judges rely primarily on direct evidence and witness testimony. However, in
certain cases, technical, scientific, or specialized knowledge is required to reach a fair decision.
This is where the opinion of experts becomes relevant under the Bharatiya Sakshya Adhiniyam
(Indian Evidence Act, 1872).

📌 Relevant Sections:
●​ Section 45 to 51 of the Indian Evidence Act, 1872

🔹 What is Expert Opinion?​

✔️ An expert is a person with specialized knowledge in a particular field.​
✔️ His opinion helps the court understand technical matters.​
✔️ Not binding on the court, but given due consideration.
🔹 Case Law:​
📌 The Supreme Court ruled that expert opinions are advisory, and the court is not bound to accept
Ramesh Chandra Agrawal v. Regency Hospital (2009)​

them blindly.

2. Meaning of Expert Opinion (Section 45)

📌 Section 45: "When the Court has to form an opinion on a point of foreign law, science, art,
handwriting, or fingerprint identification, the opinions of persons specially skilled in such subjects are
relevant facts."

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🔹 Who is an Expert?​
✔️ A person with special knowledge, skill, or training in a particular field.​
✔️ Must have practical experience or academic qualifications.
🔹 Fields Where Expert Opinion is Relevant:​
1️⃣ Foreign law (Expert in international legal systems)​
2️⃣ Science or art (Doctors, engineers, forensic experts)​
3️⃣ Handwriting analysis (Handwriting experts in forgery cases)​
4️⃣ Fingerprint examination (Forensic fingerprint experts)​
5️⃣ Digital forensics (Cybercrime specialists)

🔹 Example:
●​ In a murder case, a forensic expert’s opinion on cause of death is relevant.
●​ In a fraud case, a handwriting expert’s opinion on forged signatures is admissible.

🔹 Case Law:​
📌 The opinion of a handwriting expert was held relevant in a forgery case.
Emperor v. Abdul Hamid (1917)​

3. Types of Expert Opinion

📌 1. Medical Expert Opinion
✔️ Doctors provide opinions on cause of death, nature of injuries, or mental health.​
✔️ Used in murder, assault, and medical negligence cases.
🔹 Example:
●​ In a rape case, a medical expert may confirm signs of assault.

🔹 Case Law:​
📌 The court relied on medical expert opinion to establish the cause of death in a murder case.
Kansa Behera v. State of Orissa (1987)​

📌 2. Handwriting & Signature Experts (Section 47)

✔️ Used in cases of forgery, fraud, and document authentication.
🔹 Example:

29
 ●​ A bank fraud case where an expert compares signatures on fake cheques.

🔹 Case Law:​
📌 The court ruled that handwriting expert opinions must be corroborated by other evidence.
Murari Lal v. State of Madhya Pradesh (1980)​

📌 3. Fingerprint Expert Opinion

✔️ Used in criminal cases to match fingerprints found at crime scenes.
🔹 Example:
●​ A fingerprint expert matches fingerprints found on a weapon with the accused.

🔹 Case Law:​
📌 Fingerprint evidence was used to convict the accused in a robbery case.
State of Maharashtra v. Sukhdeo Singh (1992)​

📌 4. Ballistic Expert Opinion

✔️ Used in firearm-related cases to determine which gun fired a bullet.
🔹 Example:
●​ In a shooting case, a ballistic expert matches the bullet to the accused’s gun.

🔹 Case Law:​
📌 Ballistic expert evidence was crucial in proving that a bullet matched the accused’s firearm.
State of Punjab v. Karnail Singh (2003)​

📌 5. Digital & Cyber Forensic Experts

✔️ Used in cases of hacking, cyber fraud, electronic evidence tampering.
🔹 Example:
●​ A forensic expert retrieves deleted emails in a cybercrime investigation.

🔹 Case Law:​
📌 Held that electronic evidence must be accompanied by a Section 65B certificate to be admissible.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020)​

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4. Admissibility & Limitations of Expert Opinion
🔹 Admissibility of Expert Opinion
✔️ The expert must be qualified and have relevant experience.​
✔️ The opinion should be logical and based on scientific methods.​
✔️ The expert must provide reasons for their conclusions.
🔹 Limitations of Expert Opinion
❌ Not conclusive proof – the court can reject it.​
❌ Experts can be biased – they may favor the party who hired them.​
❌ Conflicting expert opinions – different experts may provide different conclusions.​
❌ Depends on the credibility of the expert.
🔹 Case Law:​
📌 The Supreme Court ruled that medical opinion must be examined with other evidence before
State of Haryana v. Bhagirath (1999)​

convicting an accused.

5. Difference Between Expert Opinion & Ordinary Witness

Feature Expert Witness Ordinary Witness

Knowledge Specialized knowledge General knowledge

Purpose Assists court in technical matters Testifies to facts

Binding on Court? No, advisory only Yes, if credible

Example Forensic scientist Eyewitness to a crime

6. Conclusion
✔️ Expert opinion helps courts in complex technical cases.​
✔️ Used in medical, forensic, handwriting, fingerprint, cybercrime, and ballistic cases.​
✔️ Not binding on the court and must be supported by other evidence.​
✔️ Courts must carefully evaluate expert opinions before relying on them.
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Q10. Explain "Hearsay Evidence is Not
Evidence" Under Bharatiya Sakshya
Adhiniyam (Indian Evidence Act, 1872)
1. Introduction
In legal proceedings, evidence must be reliable, direct, and verifiable. One fundamental rule in
evidence law is that "hearsay evidence is not evidence", meaning that courts generally do not accept
statements made by a person who did not witness the actual event but is repeating what someone else
said. This principle is based on the doctrine of best evidence, ensuring that courts rely on first-hand,
direct evidence rather than second-hand accounts.

📌 Relevant Sections:
●​ Section 60 of the Indian Evidence Act, 1872 (Oral Evidence Must Be Direct)

🔹 What is Hearsay Evidence?​

✔️ Hearsay evidence refers to statements made by a person who did not directly witness the
✔️ Such statements are not considered reliable or admissible in court.​
fact but heard it from someone else.​

✔️ It is based on indirect knowledge and cannot be tested by cross-examination.

🔹 Case Law:​
📌 The Privy Council held that hearsay evidence is inadmissible because it cannot be cross-examined
Subramaniam v. Public Prosecutor (1956)​

for its truthfulness.

2. Meaning & Definition of Hearsay Evidence

📌 Hearsay evidence is indirect evidence based on what someone else said, rather than what
the witness personally experienced.

🔹 Example of Hearsay Evidence:​

👨‍⚖️ In a murder case, if Person A testifies in court that "Person B told me that Person C
committed the murder," this statement is hearsay. Person A did not witness the murder, and their
statement is based on what Person B said, making it unreliable.

32
🔹 Legal Definition:​
R. v. Sharp (1988) – Hearsay is any statement other than one made by a witness in court that is
offered as evidence of the truth of its contents.

🔹 Why is Hearsay Evidence Unreliable?​

❌ The person making the original statement is not available for cross-examination.​
❌ The statement may be misinterpreted or altered over time.​
❌ There is no way to verify the truthfulness of the original source.
🔹 Case Law:​
📌 The Supreme Court ruled that hearsay evidence has no legal value unless it falls within the
Kalyan Kumar Gogoi v. Ashutosh Agnihotri (2011)​

exceptions provided under the law.

3. Why Hearsay Evidence is Not Admissible? (Section 60 of

the Indian Evidence Act)
📌 Section 60 of the Indian Evidence Act states that oral evidence must be direct. This means:​
✔️ A witness must testify to what they saw, heard, or experienced themselves.​
✔️ A third-party statement is inadmissible unless it qualifies under exceptions.
🔹 Illustration:
●​ Admissible: "I saw the accused shoot the victim."
●​ Not Admissible (Hearsay): "Someone told me the accused shot the victim."

🔹 Case Law:​
📌 Hearsay evidence is inadmissible because it is not given on oath and cannot be cross-examined.
Teper v. The Queen (1952)​

4. Exceptions to Hearsay Rule (When Hearsay is Allowed)

Though hearsay evidence is generally inadmissible, certain exceptions exist under the Bharatiya
Sakshya Adhiniyam (Indian Evidence Act, 1872):

📌 1. Dying Declaration (Section 32(1))

✔️ A statement made by a dying person about the cause of their death is admissible.​
✔️ Based on the principle "Leterm Mortem" (words of a dying person are true).
33
🔹 Example:
●​ A victim says "X stabbed me" before dying. This statement is admissible even if the witness is
dead.

🔹 Case Law:​
📌 A dying declaration is admissible if it relates to the cause of death and the person making it is
Pakala Narayana Swami v. Emperor (1939)​

unavailable.

📌 2. Res Gestae (Section 6)

✔️ Statements made during or immediately after an event are admissible as part of the event itself.​
✔️ Based on the principle that spontaneous statements are truthful.
🔹 Example:
●​ A person shouts "That man just robbed me!" immediately after a robbery. This is admissible.

🔹 Case Law:​
📌 Spontaneous statements made during an event are reliable and admissible.
Ratten v. The Queen (1971)​

📌 3. Statements in Official Records (Section 35)

✔️ Records maintained by public officials in the course of duty are admissible.​
✔️ Includes birth certificates, medical records, police reports, etc.
🔹 Example:
●​ A death certificate issued by a hospital is admissible even if the doctor is unavailable.

🔹 Case Law:​
📌 Official records are an exception to the hearsay rule because they are prepared in the course of
Gopal Das Sindhi v. State of Assam (1977)​

duty.

📌 4. Confession by an Accused (Section 30)

✔️ A confession made to a magistrate or during judicial proceedings is admissible.
34
🔹 Example:
●​ If a co-accused confesses "We planned and committed the crime together," this can be used
against both accused.

🔹 Case Law:​
📌 Confessions made before a magistrate are an exception to hearsay because they are voluntary.
State of UP v. Deoman Upadhyaya (1960)​

5. Difference Between Direct Evidence & Hearsay Evidence

Feature Direct Evidence Hearsay Evidence

Definition Evidence given by a person who directly s Evidence given by a person who h
heard, or experienced something. it from someone else.

Admissibility Always admissible. Not admissible unless it falls unde

exceptions.

Cross-Examinati Can be cross-examined. Cannot be cross-examined.

Reliability High, as it is first-hand information. Low, as it is second-hand informa

6. Conclusion
✔️ Hearsay evidence is not admissible in court because it is unreliable and cannot be
✔️ Section 60 of the Indian Evidence Act requires that oral evidence must be direct.​
cross-examined.​

✔️ Exceptions exist for dying declarations, res gestae, official records, and confessions.​
✔️ Courts prefer direct evidence over hearsay to ensure fairness and reliability in judgments.

35