List of Important Sections in Evidence Act for UK Judiciary 2023

Author : Yogricha

Updated On : August 24, 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 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:

  • Importance of Evidence Act in UK Judiciary 2023.
  • All important sections.
  • Important Case laws for better preparation.

Why is it important to have a strong command on Evidence Act:

  1. Strengthening your understanding of the admissibility and relevance of various forms of evidence, including hearsay, expert testimony, and electronic evidence will help you in developing a clear picture on the procedure and processes of criminal law.
  2. Evidence Act is important for Prelims, Mains and Interview all the stages of the exam and therefore it is important for every aspirant to have a strong command on this.
  3. Case laws will make your preparation in Evidence law concrete hence make notes of all the important sections along with the case 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
3 Interpretation Clause
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.
17 Admission defined.
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.
62 Primary evidence.
63 Secondary evidence.
65B Admissibility of electronic records
74 Public documents.
75 Private documents.
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
115 Estoppel.
122 Communications during marriage.
126 Professional communications
132 Witness not excused from answering on ground that answer will criminate.
133 Accomplice
134 Number of witnesses.
135 Order of production and examination of witnesses.
137 Examination-in-chief.
138 Order of examinations.
140 Witnesses to character.
141 Leading questions.
147 When witness to be compelled to answer.
151 Indecent and scandalous questions.
152 Questions intended to insult or annoy.
159 Refreshing memory
167 No new trial for improper admission or rejection of evidence.

Important Cases for Evidence Act for UK Judiciary 2023 Preparation 

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. 

Judiciary Mock Tests

Judiciary Mock Tests

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.

Frequently Asked Questions

What is Section 32 of the Indian Evidence Act, 1872?

What does Section 65B pertain to in the Evidence Act?

How is relevancy of facts determined under Section 6 of the Evidence Act?

What is the significance of Section 114 in the Indian Evidence Act?

What does Section 45 of the Indian Evidence Act address?

List of Important Sections in Evidence Act for UK Judiciary 2023

Author : Yogricha

August 24, 2023

SHARE

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:

  • Importance of Evidence Act in UK Judiciary 2023.
  • All important sections.
  • Important Case laws for better preparation.

Why is it important to have a strong command on Evidence Act:

  1. Strengthening your understanding of the admissibility and relevance of various forms of evidence, including hearsay, expert testimony, and electronic evidence will help you in developing a clear picture on the procedure and processes of criminal law.
  2. Evidence Act is important for Prelims, Mains and Interview all the stages of the exam and therefore it is important for every aspirant to have a strong command on this.
  3. Case laws will make your preparation in Evidence law concrete hence make notes of all the important sections along with the case 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
3 Interpretation Clause
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.
17 Admission defined.
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.
62 Primary evidence.
63 Secondary evidence.
65B Admissibility of electronic records
74 Public documents.
75 Private documents.
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
115 Estoppel.
122 Communications during marriage.
126 Professional communications
132 Witness not excused from answering on ground that answer will criminate.
133 Accomplice
134 Number of witnesses.
135 Order of production and examination of witnesses.
137 Examination-in-chief.
138 Order of examinations.
140 Witnesses to character.
141 Leading questions.
147 When witness to be compelled to answer.
151 Indecent and scandalous questions.
152 Questions intended to insult or annoy.
159 Refreshing memory
167 No new trial for improper admission or rejection of evidence.

Important Cases for Evidence Act for UK Judiciary 2023 Preparation 

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. 

Judiciary Mock Tests

Judiciary Mock Tests

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.

Frequently Asked Questions

What is Section 32 of the Indian Evidence Act, 1872?

What does Section 65B pertain to in the Evidence Act?

How is relevancy of facts determined under Section 6 of the Evidence Act?

What is the significance of Section 114 in the Indian Evidence Act?

What does Section 45 of the Indian Evidence Act address?

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