What is Section 114 of evidence Act?

What is Section 114 of evidence Act?

Section 114 of the Indian Evidence Act, 1872 empowers the courts to presume the existence of certain facts taking into consideration the common course of natural events, human conduct, and public and private business with relation to the facts of the case at hand.

What is the difference between co accused and accomplice?

The accomplices can give evidence on oath but the co-accused does not give confession on oath. Accomplice evidence is given before the court but the confession of accused may be before any person except police.

Under what circumstances a conviction can be based on testimony of an accomplice?

In Haroon Haji Abdulla v State of Maharastra, the Court laid down that an accomplice is a competent witness and his evidence could be accepted and if the court feels that there is enough evidence to support the testimony of the accomplice then an conviction can be based on such a testimony.

What happens when a witness is declared hostile?

When a witness is declared as hostile, he is being accused of contradicting his pre-trial statement while on the witness stand. When an attorney suspects a witness of being hostile, he makes an application to the judge, absent the jury, asking the judge to treat the witness as hostile.

What is burden of proof under Evidence Act?

The term ‘Burden of Proof’ means when a person states something and considers it to be fact he or she needs to prove the statement made by him. This is an important concept integrated in the Indian Evidence Act, 1872.

Is there any category of presumption?

The traditional approach of common law system has classified presumption only under two categories that are a presumption of law and presumption of facts but to avoid any ambiguity in deciding any case the Indian legal system has adopted the third classification that is mixed presumptions which includes both the …

Can co accused be a witness?

Co-Accused Can’t Be Examined As Prosecution Witness Unless Made An Approver By Grant Of Pardon: Kerala High Court. The Court also said that a person already convicted in the same case cannot be sought to be examined as an approver.

What are the three cardinal principles of law of evidence?

CARDINAL PRINCIPLES OF LAW OF EVIDENCE: i) Evidence must be confined to the matter in issue. Ii) Hearsay evidence must not be admitted. Iii) Best evidence must be given in all cases.

What is an Unfavourable witness?

An adverse witness who is not hostile towards the party who called him to testify. An unfavourable witness may not be cross-examined by that party. See hostile witness.

Who has power to decide as to admissibility of evidence?

Section 136 of the Act Section 136 of the Indian Evidence Act, 1872 states that: Only the judge can decide whether evidence is admissible or relevant or permissible in Court. The judge may ask an individual to explain in what way or manner the individual person proposes to show proof or establish a fact.

What are the 3 burdens of proof?

These three burdens of proof are: the reasonable doubt standard, probable cause and reasonable suspicion. This post describes each burden and identifies when they are required during the criminal justice process.

What to prove in criminal cases?

Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly.

What is illustration (B) under Section 114 of the Evidence Act?

Section 114 of the Evidence Act empowers the Court to presume the existence of certain facts and Illustration (b) in express terms says that an accomplice is unworthy of credit unless he is corroborated in material particulars.

What is the Evidence Act?

EVIDENCE THE EVIDENCE ACT 1. This Act may be cited as the Evidence Act. Cap. 118. Laws 22 of 19-54, 31 of 1960 S. 29. Acts 40 of 1968. 42 of 1969 3rd. Sch.. [1843′] – 12011995. 12of2009 3rd Sch. ‘ Short title. PART I. Competency of Witnesses 2. No person offered as a witness shall be excluded, by Removalof

What is difference between section 133 and illustration (B) of Section 114?

Difference between Section 133 and the illustration (b) of Section 114 of the Evidence Act are given below: The Court may presume that an accomplice is unworthy of credit, unless he is corroborated in material particulars.

When is an oral statement admissible as evidence?

of law, any statement made in that document or part by the person using the document to refresh his memory shall, by virtue of this subsection, be admissible as evidence of any fact stated therein of which direct oral evidence by him would be admissible. ~einc~uiooofttispageisa~rizcd ~~LN.Ys/I~P~~ 18.08 EVlDENCE