Indian Evidence Act Case Study

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Introduction The Indian Evidence Act, was originally approved in India by the Legislative Council in 1872 during the British Raj. This Indian evidence Act contains a set of rules that is related issues governing the admissibility of evidence in the Indian courts of law. And, the adoption of the Indian Evidence Act was a path breaking judicial reforms introduced in India. The introduction had changed the whole system of concepts relating to admissibility of evidences in the Indian courts. Initially the rule of evidence was based on the traditional legal systems of different social groups and communities of the country which were different depending on caste, social position and religious faith. As a standard set of law applicable to all the…show more content…
It is a rule which treats an unknown fact as proved on proof or admission of certain other fact. Which means the rule of law allows courts shall draw a specific presumption from a particular fact and evidence, until the truth of such assumption is disproved. Presumptions assist in determination of the probative force of evidence by fetching the estimation of probative force under some inflexible and rigid terms and conditions excluding judicial discretion. In expanding a presumption, an assumption is drawn by courts from certain facts and figures. Hence, certain presumptions can arise, whenever a document is produced in some evidence in a…show more content…
The document is attested by the person by whom it purports to have executed. ii. The document is attested by the person by whom it purports to have been attested. Nature of Presumption The court has discretionary power either to presume or not to presume and hence the expression may presume is used in section 90 of the Indian evidence Act. The judicial discretion should not be exercised arbitrarily and also by not being informed with reason. The court when raising presumption must exercise considerable care and caution and take into consideration all surrounding circumstances. If the document produced is found to contain any over writing on their defects, the court must refuse to draw the presumption of genuineness. No Presumption to the truth of the contents of the document Presumption may be raised as to the genuineness of the execution of documents in view of their age and custody; however, there cannot be a presumption of document from the point of their age and custody, and further more there cannot be a presumption as to the fact of the contents of the documents. But the presumption is limited to the execution and attestation.

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