When people deal with documentary evidence, it is a good idea to consider these four potential pitfalls, which could be used to challenge a document's admissibility in court: Parol evidence; Authentication; Best evidence; Hearsay; Parol Evidence. from facts within his personal knowledge, or upon the basis of facts proved by others. Section 18 of the Sexual Offences Act 2003. in sexual offences can convict on a single evidence of the complainant. Learn how your comment data is processed. This article explains the concept of Oral and Documentary Evidence including its kinds. is the court’s responsibility to make final judgement. This section says that when the attesting witness denies or forgets the execution of the document it may be proved by other evidence. In the case of Amitabh Bagchi v. Ena Bagchi[1], the court allowed recording the statements of the husband through video conferencing, while maintaining the usual safeguards. [3] The Information Technology Act 2000, s 2(1)(t), [5] State (NCT of Delhi) v Navjot Sandhu (2005) 11 SCC 600, [6] Anvar P V P K Basheer (2014) 10 SCC 473, Your email address will not be published. whether in the course of activities carried on by any official, information is supplied with a view to its being stored or processed for the purposes of those activities by a computer-operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to it in the course of those activities; a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.

Then in criminal proceedings we are looking at the character of the parties who are concerned. A Three-Judge bench of the Supreme Court decided in this case that secondary evidence is required to be compulsorily accompanied by a certificate as under section 65B of the Indian Evidence Act thus overruling the judgement of State (NCT of Delhi) v. Navjot Sandhu case. Basheer[6] obscene songs on religion was played at an election centre those songs were recorded by the public and then copied in the computers and then from the computer they were copied in the CDs. The fact of marriage can be proved by producing the marriage registration certificate. �������)� �Ea When the existence, condition and contents of the original have been proved to be admitted by the party against whom the document is supposed to be proved then the written admission is admissible. collision, assault, explosion like gun shot. She is currrently interning with LatestLaws.com.

Sections 61 to 73A deals with the general rules for proving documentary evidence in various cases, sections 74 to 78 deals with public documents and section 79 to 90-A deals with presumptions as to documents. Please note that some file types are incompatible with some mobile and tablet devices. As we saw earlier in section 62 that when a document is executed in counterpart then each counterpart becomes the primary evidence against the persons executing them.

While in cases where several documents are made in one single process from an original then they are regarded as the primary evidence for the rest of the copies but not of the original document. Documents are referred to any kind of writing or digital record etc. ���qE that is permanent. Electronic recordings mean “data, record or data generated, image or sound stored, received or sent in an electronic form or microfilm or computer-generated microfiche.”[3] The evidence act says that electronic evidences fall under the category of documentary evidence[4]. When the original has been destroyed or lost or for some reason except for reasons of the party’s own default or neglect, can not do it in a reasonable time. 4. DOCUMENTARY EVIDENCE . coming from Sello ‘s house holding knife with some blood stains is relevant . The scribe and the Registrar can not give witness as required by law[12]. the deceased that the accused is acquitted and discharged.

Thus, in the case of R. Jayapaul v. Pappayee Ammal[10] it was held that the denial of a will by the son of the second wife who has no rights of succession over it is not effective. They are: Section 64 says that documents must be proved by its primary evidence only.

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