VALUATION
OF
LAND AND BUILDING
FOR IBBI EXAMINATION
By:
CEV INTEGRAL APPRAISERS FOUNDATION
REGISTERED VALUERS ORGANISATION
LAW OF EVIDENCE
Evidence:
Law Of Evidence In India: An Overview
Indian Evidence Act, 1872: An Overview
Structure Of The Indian Evidence Act, 1872
Oral Evidence
Witness
Important Concepts Of The Indian Evidence Act, 1872
Confessions And Admissions
Doctrine Of Estoppel
Recording Of Evidence
Recent Amendments In The Evidence Act, 1872
Sec.101: Burden Of Proof:
Examination Of Witness
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CHAPTER 33: Law of Evidence
Evidence:
Meaning
• Evidence includes everything that is used to determine or demonstrate the truth
of an assertion.
• Evidence is the currency by which one fulfills the burden of proof.
• Admissible evidence is that which a Court receives and considers for the purposes
of deciding a particular case.
• Section 3 of the Indian Evidence Act, 1872 defines the term ‘evidence’.
Definition
LAW OF EVIDENCE
Evidence means, and includes:
• All statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under enquiry; such statements are called
Oral Evidence.
All documents including electronic records produced for the inspection of the Court; such
documents are called Documentary Evidence.
Law of Evidence in India: An Overview
Law of Evidence in India is primarily based on the English Law of Evidence.
Indian Evidence Act, 1872 is the governing law on the subject.
It was enacted on 15th March, 1872.
It came into force on 1st September, 1872.
It contains 167 sections and one schedule.
The Schedule was repealed in 1938 vide Repealing Act, 1938.
The Act is Lex Fori, i.e., law of the forum.
It applies to both civil and criminal proceedings33.3Indian Evidence Act, 1872: An
Overview
• Different category of evidences.
• Procedure of collection of evidences.
• Preservation and use of different evidences.
• It is common to both civil and criminal procedure.
Evidence Act 1872: Act Not Applicable To
Proceedings under Army Act, Air Force Act, Naval Discipline Act.
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LAW OF EVIDENCE
Affidavits.
Arbitration Proceedings.
Departmental/ Domestic Inquiries.
Commission of Inquiries.
Administrative Tribunals.
Structure of the Indian Evidence Act, 1872
Part I (Contains Section 1 to 55 divided in 2 Chapters and deals with
‘Relevancy of Facts’)
Chapter I: From Section 1 to 4 contains the preliminary provisions.
Chapter II: From Section 5 to 55 explains about Relevancy of Facts.
Part II (Contains Section 56 to 100 divided in 4 Chapters and deals
with provisions ‘On Proof’)
Chapter III: From Section 56 to 58 explains about Facts Which Need Not
be Proved.
Chapter IV: From Section 59 to 60 explains about Oral Evidence.
Chapter V: From Section 61 to 90A explains about Documentary Evidence.
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LAW OF EVIDENCE
Chapter VI: From Section 91 to 100 explains about Exclusion of Oral and
Documentary Evidence.
Part III (Contains Section 101 to 167 divided in 5 Chapters and deals with
provisions on ‘Production and Effect of Evidence’.)
Chapter VII: From Section 101 to 114A explains about Burden of Proof.
Chapter VIII: From Section 115 to 117 explains about Estoppel.
Chapter IX: From Section 118 to 134 explains about Witnesses.
Chapter X: From Section 135 to 166 explains about Examination of
Witnesses.
Chapter XI contains Section 167 that explains about Improper Admission
and Rejection of Evidence.
Evidence Act 1872: Act Not Applicable To
Proceedings under Army Act, Air Force Act, Naval Discipline Act.
Affidavits.
Arbitration Proceedings.
Departmental/ Domestic Inquiries.
Commission of Inquiries.
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LAW OF EVIDENCE
Administrative Tribunals.
Oral Evidence
Section 60 of the Indian Evidence Act, 1872.
Statements permissible regarding truth of the fact.
Evidence which the witness has personally seen or heard.
Documentary Evidence
Section 3 of Indian Evidence Act, 1872.
Documents presented to Court for inspection.
Primary Evidence
Section 62 of Indian Evidence Act, 1872.
These are ‘top-most classes of evidence’ or ‘best evidence’.
It means the document itself produced for inspection of the Court.
Secondary Evidence
Section 63 of Indian Evidence Act, 1872.
It is the ‘inferior evidence’.
Evidence which is produced in absence of the primary evidence.
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LAW OF EVIDENCE
Real Evidence
It means real or material evidence.
Real evidence of a fact is brought to knowledge of Court by inspection of a
physical object and not by information derived from a witness or a document.
Hearsay Evidence
It is very weak evidence.
Evidence of a witness which he has not seen either heard.
No bartoreceivehearsayevidenceifithasreasonable nexus and credibility
Judicial and Non-Judicial Evidence
EvidencereceivedbytheCourtasproofordisproofoffactsisjudicial evidence.
Any confessions made by accused outside the Court in presence of any person
or the admission of a party are called non-judicial evidence.
Direct and Circumstantial Evidence
Direct Evidence is that evidence which is very important to the decision of
thematter at hand .
Circumstantial Evidence attempts to prove the facts in issue by providing other
facts and affords an instance as to its existence.
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LAW OF EVIDENCE
WITNESS
Different Kinds of Witnesses
Prosecution Witness
Defense Witness
Expert Witness
Eye Witness
Circumstantial Witness
Hearsay Evidence
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LAW OF EVIDENCE
Hostile Witness
Expert Witness
A person who has been trained or is skilled or has knowledge in technical or scientific
subject, and is capable of drawing the opinion and conclusions from the facts observed by
himself or noticed by others.
Hostile Witness
One who is supposed to have some interest or motive for concealing part of the truth, or
for giving completely false evidence.
Important Concepts of the Indian Evidence Act, 1872
Fact
Any thing, state of things, or relation of things, capable of being perceived by
the senses.
Any mental condition of which any person is conscious.
Relevant Fact
A fact is said to be relevant to another when one fact is connected with the other fact in
any ways referred to in the provisions of this act in the chapter of relevancy of facts.
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LAW OF EVIDENCE
Fact in Issue
Any fact from which, either by itself or in connection with other facts, the existence, non-
existence, nature or extent of any right, liability, or disability, asserted or denied in any
suit or proceeding, necessarily follows.
Documents
Any matter expressed or described upon any substance by means of letters, figures or
marks, or by more than one of those means, intended to be used, or which may be used,
for the purpose of recording that matter.
May Presume
It means that the Court has authority to presume the fact as proved, or to call
upon for a confirmatory evidence, as the circumstances require.
The Court may presume a fact or regard such fact as proved, unless it is
disproved, or it may ask for its proof.
Shall Presume
• When a Court presumes a certain fact it has no other option except considering the
fact as proved unless an evidence is given to disprove that fact.
• The words ‘shall presume’ indicates that presumption, therein, is unrebuttable.
Conclusive Proof
• When one fact is declared by this act to be conclusive proof of another, the Court
shall, on proof of the one fact, regard the other as proved, and shall not allow
evidence to be given for the purpose of disproving it.
Confessions and Admissions
Section 17- 30 of the Indian Evidence Act, 1872
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LAW OF EVIDENCE
Admission is a statement, oral or written, made by a person relating to fact in issue
or a relevant fact.
Only a person who is a party to the suit can make an admission.
Admissions can be made by authorized agents.
Section 23 of the act lays down the no prejudice clause that is admissions cannot
be used to the prejudice of the party.
Section 24 lays down various conditions in which if a confession is made by an
accused then such a confession is irrelevant.
Confessions made under threat, inducement or promise are irrelevant.
Section 25 explicitly mentions that confessions made to police officers are not to
be proved.
Section 26 makes confessions made in police custody inadmissible unless made in
presence of magistrate.
Section 29 deals with the confession otherwise relevant not to
become irrelevantbecause of promise of secrecy, etc.
Section 30 deals with the confession of a co-accused.
Doctrine of Estoppel
‘Estoppel’ meansstopped;meaningwhenapersonisnotallowedor permitted
to speak contrary to his earlier statement.
It is based on the principal of equity.
Section115, 116 and 117 of the Indian Evidence Act.
Object is to prevent commission of fraud against another.
Essential Conditions are:
There mustbearepresentationmadebyonepersontoanother person.
The representation must have been made as to fact and not as to law.
The representation must be as to an existing fact.
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LAW OF EVIDENCE
The representation must be intended to cause a belief in another. The person to
whom the representation is made must have acted upon that belief and must have
suffered a loss.
Recording of Evidence
Oath
Oath is declaration required by law, which is compulsory and holds the
witness responsible for the consequences of his evidence.
The governing law on the subject is the Oaths Act, 1969.
Examination-in-Chief
First examination of a witness.
Question are put to him by the lawyer for the side which has summoned him.
No leading question is allowed.
Cross-Examination
Witness is questioned by the lawyer for the opposite party.
The defense witness is cross examined by the public prosecutor.
Leading questions are allowed.
Re-examination
This is conducted by the lawyer for the side which has called the witness.
The object is to correct any mistake or to clarify or to add the details to the
statement made by witness in cross-examination.
Leading questions are not allowed.
The opposing lawyer has right to re-cross-examination on the new point raised
Recent Amendments in the Evidence Act, 1872
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LAW OF EVIDENCE
Amendment Vide Information Technology Act, 2000
‘Electronicrecords’ wasincludedwithin theambitoftheterm ‘documents’.
Section 65 A has special provisions as to evidence relating to
electronic records such as telephone conversation, CCTV footage, computer
output etc.
Section 65B deals with the admissibility of such electronic records.
Section 67 A and 73 A deals with the concept of digital signatures.
Amendment Vide Criminal Law (Amendment) Act, 2013
Section 53 A was inserted which makes evidence of character or pervious
sexual experience irrelevant in certain cases.
Section 114 A was inserted which speaks about presumption as to absence of
consent in certain prosecution for rape.
Proviso was inserted to Section 146 which made it clear that it is not
permissible to introduce evidence or put questions in the cross examination of
the victim as to her immoral character or her prior sexual experience for
proving consent or quality of consent.
Sec.101: Burden of Proof:
When a person is bound to prove the existence of a fact, the burden of proof lies on that
person. E.g.:-
A sues B for money due as per a contract.
The execution of the contract is admitted, but B says that it was fraudulent, which
A denies.
If no evidence were given on either side, A would succeed, as the contract is not
disputed and the fraud is not proved.
Therefore the burden of proof is on B.(Sec-102)
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LAW OF EVIDENCE
Examination of witness
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Sec.146: Questions lawful in cross-examination
When a witness is cross examined, he may in addition, be asked any question
which tend to-
test his veracity/genuineness/authenticity
and/or
tend to discover who he is
and
what his position in life is.
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