Admissibility and Evidentiary Value of Judicial Confession
In Balwinder Singh v. State of Punjab , Supreme Court stated the principle that an extra-judicial confession, by its very nature is rather a weak type of evidence and requires…
Section 20 of Evidence Act- Vicarious admission i.e. admissions of persons other than the party
Admissions may operate as estoppel and they do so where parties had agreed to abide by them. The word ‘information’ occurring in s.20 is not to be understood in the…
Can a court give protection to witness against publishing his evidence in press?
The question came before the court in the case of ‘Naresh Shridhar Mirjakar v. State of Maharashtra (1966). Facts of the Case Facts of the case, are that, The learned…
Is victim’s testimony enough to convict someone in rape cases?
The Supreme Court of India considered this question thoroughly in the case of ‘Bharwada Bhoginbhai Hirjibhai v. State of Gujrat (1983)’. In this case, a public servant tried to rape…
Why Supreme Court not allow reappreciation of evidence in every appeal?
If there is concurrent finding of facts by lower court and High court in a case, the Supreme Court considers the reappraisal or reappreciation of case in following circumstances- (1)…
The Necessity of Corroboration of Evidence and the Measurement of Punishment in Rape Cases
Sexual violence apart from being a dehumanizing act is an unlawful intrusion on the right of privacy and sanctity of a female. It is a serious blow to her supreme…
Can an accused make a request to summon the case diary of another case to contradict the witness?
Section 172 of the criminal procedure code makes the provision of case diary. Section 172 of the Code which Section reads thus: 172. Diary of proceedings in investigation.- (1) Every…
The extent of the right of an accused to use the previous statements of a witness
The right of an accused to cross-examine a witness Under Evidence Act Section 145 of the Evidence Act provides:- A witness may be cross-examined as to previous statements made by…
Confession of a Co-accused- Section 30 of Evidence Act, 1872
Section 30 of the Evidence Act, 1872, provides that when more persons than one are being tried jointly for the same offence, and a confession made by one of such…
Queen Empress v. Abdullah (1885)- A Complete Analysis
The case of ‘Queen Empress v. Abdullah (1885), is a very important case in Evidence law. It was Allahabad High Court’s case and the bench was CJ. W C Petheram,…