Law of Evidence - Relevancy of Facts I
Short Note
1. Introduction
2. What Facts are Relevant (Sections 6-16)
3. Relevancy of Admissions (Sections 17-23 and 31)
4. Relevancy of Confessions (Sections 24-30)
5. Conclusion
6. References
The Law of Evidence is a set of rules that determine the admissibility of evidence in legal proceedings. One of the fundamental principles of the law of evidence is the relevancy of facts. In this article, we will discuss the relevancy of facts under Sections 6-16 of the Indian Evidence Act, along with the relevancy of admissions and confessions.
1. Introduction
The relevancy of facts is a critical aspect of the law of evidence. The Indian Evidence Act, 1872, defines what facts are relevant and admissible in a court of law. Relevancy refers to the logical connection between a fact and the case in question. For a fact to be admissible, it must be relevant to the matter in issue.
2. What Facts are Relevant (Sections 6-16)
Here are the following sections that determine the relevancy of facts under the Indian Evidence Act:
2.1 Section 6 - Relevancy of facts forming part of the same transaction
Facts forming part of the same transaction are relevant if they are necessary to explain or establish the nature and consequences of the transaction.
2.2 Section 7 - Facts which are the occasion, cause, or effect of facts in issue
Facts that are the occasion, cause, or effect of the facts in issue are relevant if they help to establish the existence or non-existence of the facts in question.
2.3 Section 8 - Motive, preparation, and previous or subsequent conduct
Motive, preparation, and previous or subsequent conduct are relevant if they help to establish the intent, knowledge, or state of mind of a person accused of an offense.
2.4 Section 9 - Facts necessary to explain or introduce a relevant fact
Facts that are necessary to explain or introduce a relevant fact are themselves relevant.
2.5 Section 10 - Things said or done by conspirator in reference to common design
Things said or done by a conspirator in reference to the common design are relevant if they are said or done during the course of the conspiracy.
2.6 Section 11 - When facts not otherwise relevant become relevant
Facts that are not otherwise relevant but become relevant when connected with other facts are themselves relevant.
2.7 Section 12 - In suits for damages, facts tending to enable Court to determine amount are relevant
In suits for damages, facts that tend to enable the court to determine the amount of damages are relevant.
2.8 Section 13 - Facts relevant when right or custom is in question
Facts that are relevant when the question of right or custom is in issue are themselves relevant.
2.9 Section 14 - Facts showing existence of state of mind or of body or bodily feeling
Facts that show the existence of a particular state of mind or body are relevant if they are material to the case.
2.10 Section 15 - Facts showing the state of a person's feelings or emotions
Facts that show the state of a person's feelings or emotions are relevant if they are material to the case.
2.11 Section 16 - Existence of course of business when relevant
The existence of any course of business is relevant if it is material to the case.
3. Relevancy of Admissions (Sections 17-23 and 31)
Admissions are statements made by a party to a proceeding, which are against their interest. Here are the sections that determine the relevancy of admissions under the Indian Evidence Act:
3.1 Section 17 - Admission defined
Admission means any statement made by a party to a proceeding, which is against their interest.
3.2 Section 18 - Admission must be proved as against person making it, and when it is irrelevant as against others
An admission must be proved against the person making it and is only relevant against them.
3.3 Section 19 - Confession caused by inducement, threat, or promise, when irrelevant in criminal proceeding
A confession caused by inducement, threat, or promise is irrelevant in a criminal proceeding.
3.4 Section 20 - Admission by party to proceeding or his agent
An admission by a party to a proceeding or their agent is relevant if it is made during the course of their agency or authority.
3.5 Section 21 - Proof of admissions against persons making them, and by or on their behalf
Admissions made by or on behalf of a person are relevant against them.
3.6 Section 22 - When oral admissions as to contents of documents are relevant
Oral admissions as to the contents of documents are relevant if the document itself is also proved.
3.7 Section 23 - Admissions in civil cases, when relevant
Admissions in civil cases are relevant if they are made by a party to the proceeding or their agent.
3.8 Section 31 - Admissions of a party to the suit or his agent by whom payment, etc., is made
Admissions made by a person who makes payment on behalf of a party to the suit are relevant.
4. Relevancy of Confessions (Sections 24-30)
Confessions are statements made by a person accused of an offense. Here are the sections that determine the relevancy of confessions under the Indian Evidence Act:
4.1 Section 24 - Confession caused by inducement, threat, or promise, when irrelevant in criminal proceeding
A confession caused by inducement, threat, or promise is irrelevant in a criminal proceeding.
4.2 Section 25 - Confession to police officer not to be proved
A confession made to a police officer is not admissible in court.
4.3 Section 26 - Confession by accused while in custody of police not to be proved against him
A confession made by an accused while in police custody is not admissible in court.
4.4 Section 27 - How much of information received from accused may be proved
If a person accused of an offense leads to the discovery of a fact, that fact can be proved in court.
4.5 Section 28 - Confession made after removal of impression caused by inducement, threat, or promise relevant
A confession made after the removal of the impression caused by inducement, threat, or promise is relevant.
4.6 Section 29 - Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
A confession that is otherwise relevant does not become irrelevant because of a promise of secrecy.
4.7 Section 30 - Consideration of proved confession affecting person making it and others jointly under trial for same offense
A confession that affects a person making it and others jointly under trial for the same offense can be considered against all of them.
5. Conclusion
The relevancy of facts is a crucial aspect of the law of evidence. The Indian Evidence Act provides a set of rules that determine the admissibility of evidence in legal proceedings. The relevancy of admissions and confessions is also important, and the act provides specific sections that govern their admissibility. It is essential to understand these rules to ensure that only relevant and admissible evidence is presented in court.
6. References
Indian Evidence Act, 1872.
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