Law of Evidence - Oral and Documentary Evidence II
Short Note
Introduction
The law of evidence plays a crucial role in determining the admissibility and weight of evidence presented in a court of law. In this article, we will delve into the realm of oral and documentary evidence, exploring the various sections of the law that govern presumptions related to documents and electronic records (Sections 79-90A) and the exclusion of oral evidence by documentary evidence (Sections 91-100).
Presumptions as to Documents and Electronic Records (Sections 79-90A)
Section 79:
Presumption as to genuineness of certified copies Section 79 establishes the presumption of genuineness attached to certified copies of documents. It highlights the admissibility and authenticity of such copies and their role as evidence in court proceedings.
Section 80:
Presumption as to documents produced as record of evidence Section 80 establishes the presumption that documents produced as evidence in court are genuine unless proven otherwise. It emphasizes the importance of maintaining the integrity of documents used for evidentiary purposes.
Section 81:
Presumption as to Gazettes, newspapers, private acts, and documents Section 81 provides a presumption regarding the authenticity and accuracy of Gazettes, newspapers, private acts, and other official documents. It recognizes these documents as reliable sources of information.
Section 82:
Presumption as to document admissible in England without proof of seal or signature Section 82 outlines the presumption that documents admissible in England are also admissible in India without requiring proof of seal or signature. This provision facilitates the admission of relevant documents in legal proceedings.
Section 83:
Presumption as to maps or plans made by authority of government Section 83 establishes the presumption of accuracy and authenticity associated with maps or plans made by government authorities. It recognizes such documents as reliable sources of geographical information.
Section 84:
Presumption as to collections of laws and reports Section 84 introduces a presumption regarding the accuracy and authenticity of collections of laws and reports. It acknowledges these compilations as trustworthy references in legal proceedings.
Section 85:
Presumption as to powers of attorney Section 85 establishes a presumption concerning the powers of attorney, recognizing them as valid unless proven otherwise. This presumption simplifies the process of admitting powers of attorney as evidence.
Section 86:
Presumption as to certified copies of foreign judicial records Section 86 establishes the presumption of genuineness attached to certified copies of foreign judicial records. It facilitates the admissibility of such records without requiring further proof.
Section 87:
Presumption as to books, maps, and charts Section 87 provides a presumption regarding the correctness and authenticity of books, maps, and charts that are produced before the court. It recognizes these documents as reliable sources of information.
Section 88:
Presumption as to telegraphic messages Section 88 establishes a presumption regarding the accuracy and integrity of telegraphic messages. It recognizes them as valid forms of evidence in legal proceedings.
Section 89:
Presumption as to due execution, etc., of documents not produced Section 89 introduces a presumption relating to the due execution and authenticity of documents that are not produced before the court. It allows the court to draw inferences based on the non-production of such documents.
Section 90:
Presumption as to documents thirty years old Section 90 establishes a presumption regarding the genuineness and validity of documents that are thirty years old or more. It recognizes the inherent reliability associated with documents of significant age.
Section 90A:
Presumption as to electronic records and digital signatures Section 90A introduces the presumption of authenticity and integrity attached to electronic records and digital signatures. It acknowledges the importance of digital evidence in the modern era.
Exclusion of Oral by Documentary Evidence (Sections 91-100)
Section 91:
Evidence of terms of contracts, grants, and other dispositions of property Section 91 outlines the rule that oral evidence cannot be admitted to contradict, vary, or add to the terms of a written contract, grant, or other dispositions of property. It emphasizes the importance of honoring written agreements.
Section 92:
Exclusion of evidence of oral agreement Section 92 establishes the rule that oral agreements cannot be admitted as evidence to contradict, vary, or modify the terms of a written contract. It ensures the primacy of written documents in contractual matters.
Section 93:
Exclusion of evidence to explain or amend ambiguous document Section 93 stipulates that oral evidence cannot be admitted to explain or amend an ambiguous document. It prevents attempts to alter the interpretation of a document through extraneous evidence.
Section 94:
Exclusion of evidence against application of document to existing facts Section 94 establishes that oral evidence cannot be admitted to prove that the terms of a document do not apply to existing facts. It prevents attempts to undermine the applicability of a document based on oral statements.
Section 95:
Evidence as to document unmeaning in reference to existing facts Section 95 states that oral evidence cannot be admitted to establish the meaning of a document that is meaningless when applied to existing facts. It upholds the principle that the document should speak for itself.
Section 96:
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies Section 96 outlines the rule that oral evidence cannot be admitted to establish the application of language in a document to a particular set of facts when it does not apply entirely to either set of facts. It prevents selective interpretation of the document.
Section 97:
Evidence as to application of language to one of two sets of facts, to both of which it is applicable Section 97 stipulates that oral evidence cannot be admitted to establish the application of language in a document to one set of facts when it is applicable to both sets. It ensures consistency in the interpretation of the document.
Section 98:
Evidence as to meaning of illegible characters, etc. Section 98 allows the court to admit oral evidence to determine the meaning of illegible characters or words in a document. It provides flexibility in cases where the document is partially unreadable.
Section 99:
Who may give evidence of agreement varying terms of document Section 99 specifies that only parties to a contract or persons who have a direct interest in the matter can provide oral evidence to establish an agreement that varies the terms of a document.
Section 100:
Saving of provisions of Indian Succession Act relating to wills Section 100 saves the provisions of the Indian Succession Act that relate to the execution and proof of wills. It ensures the continued applicability of specific provisions governing wills.
Conclusion
The law of evidence regarding oral and documentary evidence plays a crucial role in ensuring the fair and efficient administration of justice. The provisions discussed in this article provide guidelines for the admissibility and interpretation of various types of evidence, enhancing the reliability and credibility of the judicial process.
References
- The Indian Evidence Act, 1872.
- Kumar, V., & Maheshwari, S. N. (2019). Law of Evidence. Central Law Agency.
- Sharma, A. V. (2018). The Indian Evidence Act: Act No. 1 of 1872. Commercial Law Publishers.
- Pandey, S. N. (2020). Law of Evidence. Central Law Agency.
- Garg, S., & Garg, P. (2019). A Textbook on the Indian Evidence Act, 1872. Lexis Nexis.
- Ratanlal & Dhirajlal. (2020). The Indian Evidence Act, 1872. Lexis Nexis.
- Puri, K. N. (2021). Law of Evidence. Bharat Law House.
- Aggarwal, D. P., & Bhavani, R. N. (2021). The Indian Evidence Act, 1872. Commercial Law Publishers.
- Sinha, P. (2019). Law of Evidence. Universal Law Publishing.
- India Code (Website): https://indiacode.nic.in/
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