Search Results for Tag : Evidence Act

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CRIMINAL - Confession in Police Custody Made in Immediate Presence of Executive Magistrate Admissible: P&H HC(22.03.2019)

Punjab and Haryana High Court has held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate.....

Tags : Punjab and Haryana High Court, Section 26 of the Evidence Act

SC: Right Not to Have Legitimacy of Children Questioned Frivolously is Part of Right to Privacy(21.02.2023)

Supreme Court while observing that DNA tests of children may be directed only if there is prima-facie material to dislodge presumption under Section 1.....

Tags : Supreme Court, Legitimacy, Evidence Act, DNA Test

SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)

Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....

Tags : Supreme Court, Wills, Evidence Act, Presumption

ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....

Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872

Ker HC: Onus to Bring Statement Within Ambit of Sec. 32(1) of IEA is on Party Who Wishes to Avail it(31.05.2024)

Ker HC has observed that provisions of Section 32(1) of Indian Evidence Act, 1872 are in nature of an exception and onus of establishing the circumsta.....

Tags : Kerala High Court, Indian Evidence Act, Exceptions

P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)

Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....

Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate

P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)

Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....

Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act

Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)

Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....

Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon

All. HC: S. 106 IEA Not Attracted Unless Initial Burden of Establishing Guilt of Accused Discharged(30.05.2023)

Allahabad High Court has observed that Section 106 of the Indian Evidence Act (IEA) cannot be attracted in a case unless prosecution prima facie disch.....

Tags : Allahabad High Court, Section 106 of the Indian Evidence Act

SC: Accused Liable to Provide Explanation When Offence is Committed Within Privacy of their House(28.10.2024)

The Supreme Court has observed that failure of accused to offer explanation can be treated as an adverse circumstance against them as per Section 106 .....

Tags : Supreme Court, Indian Evidence Act, 1872, adverse circumstance

SC: Weapon Recovery Useless Without Proof Linking it to Crime under Section 27 Evidence Act(09.04.2026)

Supreme Court set aside a murder conviction, citing flaws in recovery evidence under Section 27, including inconsistencies, hostile witnesses, and no .....

Tags : Weapon, Crime, Evidence Act

SC: Signed Carbon Copy As Good As Original in Evidence(31.10.2019)

Supreme Court has held that signed carbon copy of a document is as good as the original document and can be admissible as a primary evidence under Sec.....

Tags : Supreme Court, Indian Evidence Act

Supreme Court: Items Given by Accused to Police Are Not Section 27 Recoveries under Evidence Act(18.12.2025)

Supreme Court held that items handed over by an accused during a police check cannot be treated as recoveries under Section 27 of the Evidence Act, as.....

Tags : Accused, Evidence Act, Police

SC: Simultaneous Statements by Multiple Accused under Section 27 Evidence Act Need Strict Scrutiny(23.09.2025)

Supreme Court observed that simultaneous disclosure statements by multiple accused under Section 27 of the Evidence Act require strict scrutiny. This .....

Tags : Statements, Evidence Act, Accused

SC: Only Disclosure Leading to Weapon Recovery Admissible under Section 27 Evidence Act(08.10.2025)

Supreme Court acquitted three accused of murder (Section 302 IPC), observing that the prosecution’s case relied solely on their Section 27 disclosure .....

Tags : Weapon, Evidence Act, Murder

Rajasthan HC: School Certificate Alone Not Proof of Victim's Age(04.08.2025)

Rajasthan High Court held that a school-issued certificate, unsupported by other proof, is insufficient to determine the age of a kidnapped victim, un.....

Tags : Rajasthan High Court, Age Determination, Indian Evidence Act, Section 35

SC: Section 27 Disclosure Outside Custody Inadmissible Evidence(18.02.2026)

SC held disclosure statements made outside police custody are inadmissible under Section 27 of the Evidence Act, and such evidence, at best, is a “wea.....

Tags : Section 27, Evidence Act, Custody

SC: Section 27 Disclosure Outside Custody Inadmissible Evidence(18.02.2026)

SC held disclosure statements made outside police custody are inadmissible under Section 27 of the Evidence Act, and such evidence, at best, is a “wea.....

Tags : Section 27, Evidence Act, Custody

SC: S.27 Indian Evidence Act Discovery is Formidable Link in Circumstantial Evidence Chain(23.02.2026)

Supreme Court upheld a conviction in a ransom murder case based solely on circumstantial evidence, holding that the accused’s disclosure statements un.....

Tags : Indian Evidence Act, Discovery, Circumstantial Evidence

Supreme Court: Call Detail Records Require Section 65B Evidence Act Certificate to be Admissible(12.03.2026)

SC acquitted a man in a murder case, ruling that call detail records cannot be relied upon as evidence unless they are accompanied by the mandatory ce.....

Tags : Call Detail Records, Evidence Act, Certificate

J&K&L HC: Historical Books Cannot Establish Private Property Titles under Section 57 Evidence Act(07.04.2026)

Jammu & Kashmir and Ladakh High Court held that while Section 57 of the Evidence Act allows reference to books on public history, historical works can.....

Tags : Historical Books, Private Property, Evidence Act

Supreme Court: Presumption of Dowry Death Must be Backed by Evidence of Cruelty(21.11.2016)

Supreme Court has ruled that presumption of culpability against an accused in a dowry death case under Evidence Act would be “activated” only when the.....

Tags : Supreme Court, Evidence Act, Dowry Death , Cruelty

Ker. HC: Admission of Confession Made to Police Can Vitiate Trial(27.10.2023)

Kerala High Court has held that admission of confessions of accused made to police under Section 25 and Section 26 of Indian Evidence Act, 1872 can vi.....

Tags : Kerala High Court, Confession, Evidence Act, Trial

Supreme Court: Video Evidence Need Not be Played or Transcribed to be Admissible(17.09.2025)

Supreme Court held that a video recording of a contraband seizure is admissible without a transcript, provided a valid electronic certificate under Se.....

Tags : Evidence, Transcribed, Admissible, Evidence Act

Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)

Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....

Tags : Allahabad High Court, Evidence Act, Certificate