Key Sections of Indian Evidence Act
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Adv Sheetal SaylekarKey Sections of Indian Evidence Act
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Adv Sheetal SaylekarCHAPTER 7
IEA >> PART 3 PRODUCTION AND EFFECT OF
EVIDENCE OF THE BURDEN OF PROOF
Section 112 in Indian Evidence Act 1872
Title: Birth during marriage conclusive proof of legitimacy
Description: The fact that any person was born during the continuance of a valid
marriage between his mother and any man, or within two hundred and eighty days
after its dissolution, the mother remaining unmarried, shall be conclusive proof that
he is the legitimate son of that man, unless it can be shown that the parties to the
marriage had no access to each other at any time when he could have been
begotten.
Section 113 in Indian Evidence Act 1872
Title: Proof of cession of territory
Description: A notification in the Gazette of india that any portion of British
territory has 1[before the commencement of Part III of the Government of India
Act, 1935 (26 Geo. 5, c. 2)] been ceded to any Native State, Prince or Ruler, shall
be conclusive proof that a valid cession of such territory took place at the date
mentioned in such notification. 1. Ins. by the A.O. 1937, Part III of the
Government of India Act 1935, came into force on the 1st April, 1937.
Section 113A in Indian Evidence Act 1872
Title: resumption as to abetment of suicide by a married woman
Description: 1[113A. Presumption as to abetment of suicide by a married woman.
--When the question is whether the commission of suicide by a woman had been
abetted by her husband or any relative of her husband and it is shown that she had
committed suicide within a period of seven years from the date of her marriage and
that her husband or such relative of her husband had subjected her to cruelty, the
court may presume, having regard to all the other circumstances of the case, that
such suicide had been abetted by her husband or by such relative of her husband.
Explanation. -- For the purposes of this section, "cruelty" shall have the same
meaning as in section 498A of the Indian Penal Code (45 of 1860).] 1. Ins. by Act
46 of 1983, s. 7
Section 113B in Indian Evidence Act 1872
Title: Presumption as to dowry death
Description: 1[113B. Presumption as to dowry death. -- When the question is
whether a person has committed the dowry death of a woman and it is shown that
soon before her death such woman had been subjected by such person to cruelty or
harassment for, or in connection with, any demand for dowry, the court shall
presume that such person had caused the dowry death. Explanation. For the
purposes of this section, dowry death shall have the same meaning as in section
304B of the Indian Penal Code (45 of 1860). ] 1. Ins. by Act 43 of 1986, s. 12
(w.e.f. 5-1-1986).
Section 114 in Indian Evidence Act 1872
Title: Court may presume existence of certain facts
Description: The Court may presume the existence of any fact which it thinks
likely to have happened, regard being had to the common course of natural events,
human conduct and public and private business, in their relation to the facts of the
particular case. Llustrations The Court may presume -- (a) that a man who is in
possession of stolen goods soon after the theft is either the thief or has received the
goods knowing them to be stolen, unless he can account for his possession; (b) that
an accomplice is unworthy of credit, unless he is corroborated in material
particulars; (c) that a bill of exchange, accepted or endorsed, was accepted or
endorsed for good consideration; (d) that a thing or state of things which has been
shown to be in existence within a period shorter than that within which such things
or states of things usually cease to exist, is still in existence; (e) that judicial and
official acts have been regularly performed; (f) that the common course of business
has been followed in particular cases; (g) that evidence which could be and is not
produced would, if produced, be unfavourable to the person who withholds it; (h)
that if a man refuses to answer a question which he is not compelled to answer by
law, the answer, if given, would be unfavourable to him; (i) that when a document
creating an obligation is in the hands of the obligor, the obligation has been
discharged. But the Court shall also have regard to such facts as the following, in
considering whether such maxims do or do not apply to the particular case before
it: -- as to illustration (a) -- a shop-keeper has in his bill a marked rupee soon after
it was stolen, and cannot account for its possession specifically, but is continually
receiving rupees in the course of his business; as to illustration (b) -- A, a person of
the highest character is tried for causing a man's death by an act of negligence in
arranging certain machinery. B, a person of equally good character, who also took
part in the arrangement, describes precisely what was done, and admits and
explains the common carelessness of A and himself; as to illustration (b) -- a crime
is committed by several persons. A, B and C, three of the criminals, are captured
on the spot and kept apart from each other. Each gives an account of the crime
implicating D, and the accounts corroborate each other in such a manner as to
render previous concert highly improbable; as to illustration (c) -- A, the drawer of
a bill of exchange, was a man of business. B, the acceptor, was a young and
ignorant person, completely under As influence; as to illustration (d) -- it is proved
that a river ran in a certain course five years ago, but it is known that there have
been floods since that time which might change its course; as to illustration (e) -- a
judicial act, the regularity of which is in question, was performed under
exceptional circumstances; as to illustration (f) -- the question is, whether a letter
was received. It is shown to have been posted, but the usual course of the post was
interrupted by disturbances; as to illustration (g) -- a man refuses to produce a
document which would bear on a contract of small importance on which he is sued,
but which might also injure the feelings and reputation of his family; as to
illustration (h) -- a man refuses to answer a question which he is not compelled by
law to answer, but the answer to it might cause loss to him in matters unconnected
with the matter in relation to which it is asked; as to illustration (i) -- a bond is in
possession of the obligor, but the circumstances of the case are such that he may
have stolen it
Common questions
Powered by AIUnder Section 113A of the Indian Evidence Act, 1872, the legal presumption of abetment of suicide by a married woman arises when it is shown that she committed suicide within seven years of marriage and had been subjected to cruelty by her husband or a relative. The court may presume abetment by taking into account all other circumstances .
Section 114 of the Indian Evidence Act allows courts to presume the existence of certain facts likely to have happened based on the natural course of events and human conduct. Some examples include presuming that possession of stolen goods soon after theft implies involvement in the theft, that accomplices require corroboration, and that a bill of exchange was made for good consideration. Courts also consider circumstances that might negate these presumptions .
Under Section 114 of the Indian Evidence Act, the implication of refusing to provide evidence or answer a question is that such evidence or answer, if provided, would likely be unfavorable to the person. This presumption encourages the disclosure of materials, but recognizes legal rights not to self-incriminate .
The Indian Evidence Act highlights that a notification in the Gazette of India regarding the cession of any British territory to a Native State or authority serves as conclusive proof that a valid cession of such territory occurred on the date specified in the notification. This applies to notifications issued before the commencement of Part III of the Government of India Act, 1935 .
The Indian Evidence Act of 1872 addresses challenges to the presumption that judicial and official acts have been performed regularly by allowing for exceptions, such as when acts are executed under exceptional circumstances. A court can weigh special conditions affecting the act to determine whether the presumption of regularity is applicable .
Illustrations under Section 114 provide nuanced applications of presumptions, displaying how courts tailor presumptions to contexts, such as assuming unproduced evidence is unfavorable or that post-theft possession suggests involvement. These examples guide judicial reasoning while considering specific conditions like business settings or disruptions .
'Cruelty' in the context of presumptions related to the abetment of suicide and dowry death under the Indian Evidence Act, 1872, refers to conduct that falls under the definition provided in Section 498A of the Indian Penal Code. This includes acts that cause grievous harm or harassment related to dowry demands or other severe maltreatment .
The common course of business presumption as outlined in the Indian Evidence Act, 1872 allows courts to assume regularity in business-related activities, meaning the usual procedures and practices have been followed unless evidence suggests otherwise. This presumption aids in establishing a foundation for judging deviations and determining liability or compliance .
The concept of "dowry death" in the Indian Evidence Act, 1872, is addressed under Section 113B, where it is presumed that if a woman was subjected to cruelty or harassment by her husband or his relatives "in connection with" any demand for dowry soon before her death, they caused her dowry death. This presumption applies specifically to the husband or the relative demanding dowry .
The Indian Evidence Act of 1872 establishes that a child born during the continuance of a valid marriage, or within 280 days after its dissolution with the mother remaining unmarried, is conclusively presumed to be legitimate. This presumption can only be challenged if it is shown that the parents had no access to each other at any time when the child could have been conceived .