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Evidence Act - Flow Chart

The document outlines key concepts in evidence law under the Indian Evidence Act, including: 1) It distinguishes between primary and secondary evidence, direct and circumstantial evidence, admissions and confessions. 2) Relevant facts that can be considered as evidence are identified in chapters 5-55. 3) Exceptions to the general rule against hearsay evidence are provided, including res gestae (facts connected to the main fact) and dying declarations.

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792 views4 pages

Evidence Act - Flow Chart

The document outlines key concepts in evidence law under the Indian Evidence Act, including: 1) It distinguishes between primary and secondary evidence, direct and circumstantial evidence, admissions and confessions. 2) Relevant facts that can be considered as evidence are identified in chapters 5-55. 3) Exceptions to the general rule against hearsay evidence are provided, including res gestae (facts connected to the main fact) and dying declarations.

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hasitha
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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EVIDENCE ACT- FLOWCHART:

Section 3

Fact Evidence

Physical facts: state of a Means and includes Oral


thing or and Documentary
Relation of things, evidence. Oral evidence
capable of being refers to statement made
perceived by senses; by the witnesses in relation
-Physiological facts: refer to the matter of relevant
fact or fact-in-issue.
Whereas, documentary
Fact-in-issue

Any fact from Types


of evidence
which, either by
Primary and Direct and
itself or in Circumstantial
Secondary
connection with evidence. Direct
evidence. Primary
other facts, the evidence refers to is
Evidence is original
existence, non- evidence of a fact
document which is based on a witness's
existence,
presented to the personal knowledge
nature or extent
court for its or observation of that
of any right, fact and it is direct in
inspection. Secondar
liability, or nature where no
y Evidence is the
disability, further inferences
document which is
are required.
not original
Whereas,
Circumstantial

Section 5

Under Evidence Act, identifying relevant facts are very


important. Chapter-II that runs from Section 5 to 55 explains
about various relevant facts under different circumstances.
This identification of relevant facts is important because the
Court do not consider the evidence of any other fact unless it
is a relevant fact or fact-in-issue.
Difference between Admission and Confession

Confession Admission
It is a statement made by an It is a statement by a party to
accused person which will be proceeding or by a person who
used against him in a criminal has an interest in the subject-
proceeding to establish the matter of the proceeding
commission of the offence whereby he admits a fact in
issue or relevant fact and such
an admission will be generally
used in a civil proceeding.

untainted by any legal It is no conclusive proof of the


disqualification may be matters admitted though it may
accepted as conclusive in itself operate as an estoppel.
of the matters confessed as
conclusive in itself of the
matters confessed
confession of one accused tried An admission of one of several
along with some other accused defendants is no evidence
may be used against the others, against another defendant.
if the requirements of section
30 of the Evidence Act are
satisfied
Voluntary is not required An admission need not be
voluntary to be admissible in
evidence
For a confession to be relevant, There can be a relevant
It must be made by the accused admission made by an agent or
himself.
Acts which may be even a stranger on behalf of a
proved, as part of res party Section 32 is one of
those provisions that
Gestae, must be facts
provide exceptions to
other than those in
the principle of
Exceptions to Hearsay
issue but must be
excluding hearsay
connected with it.
evidence. Dying
Though hearsay
declaration means the
evidence is not
statement of a person
admissible, but when
who has died
it is res gestae it can
explaining the
be admissible in a
circumstances of his
court of law and may
death. Such statement
be reliable evidence.

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