Legalfundaa

Relevancy of Character Introduction Section 5 to 55 of Indian Evidence act tells us when facts become relevant. It include when character play role in relevancy. The relevancy of character is discussed from section 52 to section 55. For example, if you prove and tell the court that accused had already convicted in similar crime (Theft) on earlier also, will this weigh against accused? Is this even admitted by court? Section 52 to 55 answers some of these questions. It provides when character becomes relevant in criminal case and when it becomes relevant in civil case.   Also remember here, character of parties are discussed and not of witness. Section 52- In civil character to prove conduct imputed, irrelevant “Character” is defined in section 55 which includes reputation and disposition.   Reputation includes what other people think about you.   Disposition means how you conduct yourself. This section provides that in civil ...

Public Document Section 74- Public documents Section 74 defines the public documents. In earlier section, section 63 specifically we have said that content of public documents can be proved by certified copies. This section provides what public documents really mean. This section states what all kind of documents are included in public document category. Below is the list <![if !supportLists]> 1.    <![endif]> Documents forming the act or records of the acts (Records of work of below people) <![if !supportLists]> ·         <![endif]> Of the sovereign authority (Typically government) <![if !supportLists]> ·         <![endif]> Acts and records of official bodies and tribunals <![if !supportLists]> ·         <![endif]> Records of public officers, legislative, judicial and executive, of an...

Presumptions as to documents Introduction Previously we have seen what is public document and private document. This section deals with presumption about documents. This is straightforward part. Court have discretion in some sections where court have to presume in some cases Section 79-Presumption as to genuineness of certified copies Section is based on maxi “ Omnio   prosumntur rite esse acta ”, which mean all acts are presumed to be rightly done. Court shall presume that certified copies to be genuine. Court here shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, it will be presumed that he signed in his official capacity. Section 80- Presumption as to document produced as record of evidence When oral evidence is taken from witness, then some document is prepared in presence of magistrate or any lawful authority. When such document is produced, court shal...