Category: Evidence Law
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Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to…
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ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)
This is a guest post by the very bright Mr. Ritwik Sharma, Advocate, Delhi. This is in the light of the recent order by…
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Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
Weaponisation of the Criminal Justice System and Perjury is rampant in India. False criminal cases are routinely filed to settle scores. In these cases,…
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Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in…
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A few words on Re-examination of Witnesses | The Art of putting Humpty Dumpty back together again…
The purpose of re-examination is clear from the bare language of Section 138 of the Evidence Act. It reads: 138: Order of Examination – Witnesses…
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Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Sholab Arora
Section 313 (1) (b) of CrPC obligates a trial court, after the prosecution evidence is complete, to question the accused “generally on the case…for…
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Law in 100 Words | Part 6 | Marshalling & Appreciation of Evidence (Guest Post)
“Justice must not only be done, but must also be seen to be done.” And, it would seen to be done only if there is…
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Law in 100 Words | Part 3 | Forgery/use of forged documents in court proceedings – Remedies/Procedure
The general principle is that if a cognizable offence has taken place (and forgery is a cognizable offence!) any person can get an FIR registered.…
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Law in 100 Words | Part 2 | Electronic Evidence (65B Basics)
The Certificate u/s 65B is not required to be on an affidavit. Though normally to be filed along with the electronic record (print-out, USB drive, etc), it…
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UNDERSTANDING EXHIBITION AND MARKING OF DOCUMENTS DURING EVIDENCE (GUEST POST)
This is a guest post first published at Bar & Bench. It was the first day at work for a junior lawyer, at Tis…
