Indian Evidence Act

  • Sole Eye Witness should be Reliable & Trustworthy

    The Supreme Court rulings stress the necessity for reliable testimony in convicting based on an eyewitness account. If credibility is questionable, independent corroboration is required. Factors like unnatural witness behavior or unexplained circumstances can undermine credibility. Each case demands examining witness conduct and corroborating evidence critically before conviction. “8. It is a settled principle of…

  • Supreme Court on Principles Regarding the Plea of Alibi

    Plea of alibi is a defence where an accused asserts they were at a distant location during a crime, making their involvement highly unlikely. The Latin word alibi means “elsewhere” and that word is used for convenience when an accused takes recourse to a defence line that when the occurrence took place he was so…

  • When the Maker of Dying Declaration Survives

    The Supreme Court has held that a statement recorded as a dying declaration cannot be treated as evidence under Section 32 of the Evidence Act if the declarant survives. Instead, it’s considered a statement under Section 164 of the Code, usable for corroboration or contradiction. Confessions must be voluntary, truthful, and corroborated, and a statement…

  • FIR as Dying Declaration – Admissible under Section 32 of Indian Evidence Act

    Whether statement by an injured person recorded as FIR can be treated as a Dying Declaration and whether such a statement is admissible under Section 32 of the Indian Evidence Act? The Apex Court in following judgments held that depending upon the circumstances the Dying Declaration may not cover the whole incident or narrate the…

error: