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List of Important Sections in Evidence Act for UK Judiciary 2023

Author : Tanya Kaushal

Updated On : April 13, 2023

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Reader's Digest - Embark on a captivating journey of UKPCSJ through the essentials of the Evidence Act, unlocking the secrets to legal success. Dive into this must-read blog to unravel the most important sections in Evidence Act for UK Judiciary.

The Evidence Act plays a crucial role in UK PCS J (Provincial Judicial Services) exam preparation, as it forms the backbone of legal proceedings in civil and criminal cases.

Mastering the intricacies of the Evidence Act helps you in the following ways:

  1. Strengthen your understanding of the admissibility and relevance of various forms of evidence, including hearsay, expert testimony, and electronic evidence.
  2. Enhance your ability to analyze witness competence, compellability, and the implications of public interest immunity on disclosure obligations.
  3. Develop a strong foundation in evidence law, which is essential for excelling in other subjects like civil and criminal procedure, family law, and contract law.
  4. Hone your legal reasoning and analytical skills, preparing them to tackle complex legal scenarios and succeed in the UK PCS J Examination.
  5. Equip yourselves with practical knowledge, making them better prepared for a career in the judiciary

Important Sections of Evidence Act for UK Judiciary 2023 

Here is the table on the List of Important Sections in Evidence Act for UK Judiciary:

Section No. Description Importance
3 Interpretation Clause Defines the key terms used throughout the Act, ensuring proper understanding and interpretation.
6 Relevancy of facts forming part of the same transaction Explains the concept of res gestae, allowing relevant facts to be admitted as evidence.
32 Cases in which a statement of relevant fact by a person who is unable to testify Allows statements of deceased or incapacitated persons to be admitted as evidence when relevant.
45 Opinions of experts Empowers the court to seek expert opinions in specialized fields to determine facts in cases.
65B Admissibility of electronic records Provides requirements for the authentication and admissibility of electronic records as evidence.
76 Certified copies of public documents Outlines the process of certifying and admitting copies of public documents as evidence.
90 Presumption as to documents 30 years old Allows the court to presume the genuineness of documents older than 30 years under certain conditions.
101 Burden of proof Establishes the general rule that the party asserting a fact must prove it.
114 Court may presume the existence of certain facts Grants the court the authority to presume certain facts based on common human experiences.
126 Professional communications Protects attorney-client privilege, ensuring the confidentiality of communications in legal matters.

Important Sections in Evidence Act for UK Judiciary 2023 

Here is the detailed section-wise explanation of the important sections in Evidence Act for UK Judiciary 2023:

The Starting Point: Section 3 – Interpretation Clause

Let's kick off our UKPCS J preparation with Section 3, which defines key terms. Like a glossary for the Act, this section ensures you can interpret the law with precision and accuracy.

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The Heart of Relevancy: Section 6 - Facts Forming Part of the Same Transaction

Navigating the sea of facts can be a dicey ride but fear not. Section 6 is here to help! It determines which facts are relevant by considering their close connection to the main fact in question – forming part of the same transaction.

The Voice of the Unheard: Section 32 - Statements by Persons Who Cannot Testify

Section 32 is the legal superhero for those who can no longer speak for themselves. This provision allows statements made by deceased, diseased, or mentally incapacitated persons to be admitted as evidence, giving them a voice in the court.

The Expert’s Corner: Section 45 - Opinions of Experts

Section 45 summons the experts when a case calls for specialised knowledge! Courts can rely on their opinions to elucidate complex matters, ensuring that even the most intricate cases are evidently solvable.

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The Digital Era Savior: Section 65B - Admissibility of Electronic Records

Section 65B helps courts authenticate electronic records in a world of evidence. Say goodbye to forgery concerns and embrace the digital age with this provision ensuring the reliability and admissibility of electronic evidence.

The Power of Presumption: Section 114

The court may presume the existence of certain facts. Regarding presumptions, Section 114 is your presumable best friend! This provision empowers courts to make presumptions based on common human experiences, making searching for truth easier.

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Conclusion

You're now well-equipped to tackle the key sections of the Indian Evidence Act for the UK Judiciary. Remember, understanding these critical provisions will help you ace the exam and lay the foundation for a successful legal career.

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Frequently Asked Questions

Section 32 deals with the admissibility of statements made by a person who is unable to testify in court due to death, disease, or mental incapacity.
Section 65B covers the admissibility of electronic records as evidence, providing specific requirements for their authentication and reliability.
Section 6 establishes the principle of res gestae, which allows certain facts to be deemed relevant if they are closely connected to the main fact in question and form part of the same transaction.
Section 114 empowers the court to presume certain facts based on common human experiences, known as presumptions of law, which can be rebutted with evidence to the contrary.
Section 45 concerns expert opinions, allowing the court to seek guidance from experts in specialized fields to determine the facts in specific cases.

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