Introduction: The general meaning of the term Res Gestae is “things done or actus” or we can say that any fact which had occurred in the series of the same transaction and helped to prove the certain incident or event can be admissible by the court under the purview of Read more…
Introduction: The technological revolution which was observed in the 21st century captured the attention of not only India but the whole world. The computers are not only used in the established organizations but it also used available to the individuals at their finger. Humanized action is eased out by Information Read more…
Introduction: DNA fingerprinting or also called as DNA typing or DNA profiling is not a new term for the Indian legal system. Its use as evidence in both criminal and civil case has grown in recent times. It was first discovered by the scientists Francis H. C. Crick and James Read more…
Facts necessary to explain or introduce relevant facts: Section 09 of the Indian Evidence Act,1872. The Test Identification Parade is used as a means to vet the veracity of the witness and their ability to determine an unfamiliar or unknown person. The object of the Test Identification Parade is that Read more…
Introduction: Confession is considered to be an open declaration of something which made one guilty of doing an act. Mostly these confessions are made voluntarily. Generally, in court, these confessions are made by the convicted person. Such confessions are taken either as a guilty plea or a conviction following trial Read more…
Introduction: A court is a place where legal cases are fought. These are fought not with swords and axes but with documents and statements, but there are some similarities between the ancient ground battles and the modern court battles. The similarity is of rules, strategy, and thought process. You have Read more…
Introduction: The most complicated area of criminal jurisprudence is the tool of proving, what type of evidence is presented for proving in a court of law. Here is one of the principles of the law of evidence is Res Gestae. Res Gestae is a Latin term which means “Things done”. Read more…
Introduction: The term ‘estoppel’ has been derived from the term ‘allegals contraria non est audiendus’, which means a person alleging contradictory facts should not be heard. Principle of Estoppel was first used in the case of Pickar v. Sears[1], where the court stated that any person who by his words Read more…
Introduction Examination of witnesses is an important principle in which witness takes a stand of his or her words. The witnesses help to clarify what happened by telling the judge everything they know about an event. A witness is someone who has relevant information about a crime. Examination of witnesses forms Read more…
Introduction Witness is a significant constituent in the criminal justice system. By giving proper evidence, the witness provides substance to the court to discover the truth and arrive at an upright conclusion. In the primary sense of the word, a witness is a person who has knowledge of an event. Read more…
INTRODUCTION Evidence is something that ascertains the existence or nonexistence of a certain fact. It is derived from the Latin word “evidential” which means obvious or make things clear. It is used by the party who alleges to prove the existence of fact while the opposite party uses to deny Read more…
Primarily evidence can be classified into a primary or a secondary kind of evidence. This article discusses about them both in detail and underlines the important facts about them. PRIMARY EVIDENCE Section 62 of the Indian Evidence Act states what all can be considere as primary evidence. Under the Indian Read more…