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Law of Evidence

  • Standard of Proof in Disciplinary Proceedings

    The standard of proof in disciplinary proceedings is different from that in a criminal trial. In Suresh Pathrella v. Oriental Bank of Commerce (2006) 10 SCC 572, a two judge Bench of the Hon’ble Supreme Court differentiated between the standard of proof in disciplinary proceedings and criminal trials in the following terms: “ …the yardstick…

  • 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…

  • 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…

  • Principles for Appreciation of Ocular Evidence

    25. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles for appreciation of ocular evidence in a criminal case can be enumerated as under: “I. While appreciating the evidence of a witness, the approach must be whether the…

  • Importance of Dying Declaration – Exception to the Rule of Hearsay

    Dying declaration is one of the exceptions to the rule of hearsay. It is well settled that there is no absolute rule of law ‘that the dying declaration cannot form the sole basis of conviction unless it is corroborated’. The rule requiring corroboration is merely a rule of prudence. “32. It would not be out…

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