Updated On : August 24, 2023
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 and important cases for Evidence Act for UK Judiciary.
The Evidence Act plays a crucial role in UK PCS J (Provincial Judicial Services) exam preparation, it is one of the major subjects for Uttrakhand Judiciary.
In this Article we will cover:
Why is it important to have a strong command on Evidence Act:
Here is the table on the List of Important Sections in Evidence Act for UK Judiciary:
|5||Evidence may be given of facts in issue and relevant facts|
|6||Relevancy of facts forming part of the same transaction|
|7||Facts which are the occasion, cause or effect of facts in issue.|
|8||Motive, preparation and previous or subsequent conduct.|
|9||Facts necessary to explain or introduce relevant facts.|
|10||Things said or done by conspirator in reference to common design.|
|11||When facts not otherwise relevant become relevant.|
|14||Facts showing existence of state of mind, or of body, or bodily feeling.|
|15||Facts bearing on question whether act was accidental or intentional.|
|16||Existence of course of business when relevant.|
|22||When oral admissions as to contents of documents are relevant.|
|24||Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.|
|25||Confession to police-officer not to be proved.|
|26||Confession by accused while in custody of Police not to be proved against him.|
|27||How much of information received from accused may be proved.|
|32||Cases in which a statement of relevant fact by a person who is unable to testify|
|33||Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated.|
|40||Previous judgments relevant to bar a second suit or trial.|
|44||Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.|
|45||Opinions of experts|
|47- A||Opinion as to digital signature, when relevant.|
|50||Opinion on relationship, when relevant.|
|51||Grounds of opinion, when relevant.|
|52||In civil cases character to prove conduct imputed, irrelevant.|
|53||In criminal cases previous good character relevant.|
|53-A||Evidence of character or previous sexual experience not relevant in certain cases.|
|55||Character as affecting damages.|
|56||Fact judicially noticeable need not be proved.|
|58||Facts admitted need not be proved.|
|59||Proof of facts by oral evidence|
|60||Oral evidence must be direct.|
|61||Proof of contents of documents.|
|65B||Admissibility of electronic records|
|76||Certified copies of public documents|
|90||Presumption as to documents 30 years old|
|90-A||Presumption as to electronic records five years old.|
|92||Exclusion of evidence of oral agreement|
|101||Burden of proof|
|102||On whom burden of proof lies.|
|103||Burden of proof as to particular fact.|
|107||Burden of proving death of person known to have been alive within thirty years.|
|108||Burden of proving that person is alive who has not been heard of for seven years.|
|111-A||Presumption as to certain offences.|
|112||Birth during marriage, conclusive proof of legitimacy.|
|113-A||Presumption as to abetment of suicide by a married woman.|
|113-B||Presumption as to dowry death.|
|114||Court may presume the existence of certain facts|
|114-A||Presumption as to absence of consent in certain prosecution for rape|
|122||Communications during marriage.|
|132||Witness not excused from answering on ground that answer will criminate.|
|134||Number of witnesses.|
|135||Order of production and examination of witnesses.|
|138||Order of examinations.|
|140||Witnesses to character.|
|147||When witness to be compelled to answer.|
|151||Indecent and scandalous questions.|
|152||Questions intended to insult or annoy.|
|167||No new trial for improper admission or rejection of evidence.|
Mentioned below are some important Cases that you must know for your Uttrakhand Judiciary Preparation:
Habeeb Mohammed V. State of Hyderabad (AIR 1954 SC 51)
Relevant section: Section 8
Held: In Criminal Proceedings a man's character is often a matter of importance in explaining his conduct and in judging his innocence or criminality.
Ram Singh V. Col. Ram Singh (1985 Supp SCC 611)
Relevant section: Section 6, 7 & 8
Held: The tape and its contents are to be relied on not only for corroborating the evidence of the maker thereof and the person whose statements he recorded but also as res gestae under sections 6, 7 & 8 of the Evidence Act.
Narayanswami V. State of Maharashtra ((1971) 2 SCC 182
Relevant section: section 17
Held: An admission is substantive evidence, though it is open to the person who made the admission to show that the fact admitted is not correct.
Asst. Collector, Bangalore V. C. Fernandez, 1983 SCC (Cri.) 109
Relevant section: section 24, 25
Held: Confession made by an accused in custody of customs officials for the purpose of enquiry pursuant to Magistrate'r order is not barred.
S.L. Goswami V. State of M.P. (1972) 3 SCC 22
Relevant section: section 101
Held: The Onus of providing all the ingredients of an offence is always upon the prosecution and at no stage does it shift to the accused.
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.
Frequently Asked Questions
What is Section 32 of the Indian Evidence Act, 1872?
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How is relevancy of facts determined under Section 6 of the Evidence Act?
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What does Section 45 of the Indian Evidence Act address?