Are Relatives ‘Interested Evidence’?
In criminal cases, it is often the case that the offence is witnessed by a close relative of the victim, whose presence on the scene of the offence would be…
Evidentiary Value of Hostile Witnesses
Merely because the witnesses turn hostile does not necessarily mean that their evidence has to be thrown out entirely and what is supportive of the prosecution certainly be used. In…
The Last Seen Theory in Evidence
With the development of law, the theory of last seen has become a definite tool in the hands of the prosecution to establish the guilt of the accused. This concept…
The Rules to Rely on Circumstantial Evidence
The golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one…
The evidentiary value of opinion of handwriting expert
Hazard in accepting the opinion It has occasionally been said on very high authority that it would be hazardous to base a conviction solely on the opinion of a handwriting…
Rule of Exclusion of Documents as Evidence on the Ground of Public Policy
The English decisions in Duncan v. Cammell Laird & Co; Conway v. Rimmer & Anr.; and Rogers v. Home Secretary surveyed the earlier law on the rule of exclusion of…
Identification Parade- Value as an evidence
Identification Tests do not constitute substantive evidence As was observed by Supreme Court in Matru v. State of U.P. (1971 (2) SCC 75) identification tests do not constitute substantive evidence.…
Evidentiary Value of Historical Facts And Gazetteer
Punjab Chief Court in Farzand Ali v Zafar Ali analysed this. In that case, there was a dispute between the Mutawalli of a mosque and the defendants, who were descendants…
The standard of proof in Evidence Law
Preponderance of Probabilities in Civil Law The court in a civil trial applies a standard of proof governed by a preponderance of probabilities. This standard is also described sometimes as…
Sufficiency of the circumstantial evidence for sustaining criminal conviction
The legal position with respect to the sufficiency of the circumstantial evidence for sustaining criminal conviction is well settled. The circumstances established on the record according to the law of…