Evidence Law

Doctrine Of Res Gestae

Res Gestae is a Latin word, meaning “Things done”. Res Gestae refers to a statement made at an event, that shows that the event took place, since the words were spoken at the moment the event was observed. For example, if a person cried ‘fire’ when he learned that a fire had broken out in …

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Evidentiary value of privileged Communication

When two people or parties talk or interact with each other privately, who share a protected relationship, it is known as Privileged communication. The communication between them should be confidential, i.e., both the parties are bound not to tell anyone about their communication, which has taken place in private considering their protected relationship. Even the …

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Plea of ALIBI

The word ‘alibi’ is of Latin origin which means “elsewhere”. It is used by the accused in order to safeguard himself, to show that when the offence took place, he was present elsewhere and that it would be exceptionally unrealistic for him to have been able to reach that specific place where the offence has taken place.

Expound the Term “Test Identification Parade’’

In all criminal trials, two things should be identified, i.e. whether the alleged offence was committed and who committed the crime. To identify the accused, the practice of test identification parade (hereinafter, TIP) is undertaken. This test is done by the magistrate in the absence of interference by police. Section 9 of the Indian Evidence Act, 1872 talks about the Test identification parade.

Evidentiary value of FIR

FIR stands for First Information Report and is dealt with under Section 154 of the Code of Criminal Procedure, 1973 (hereinafter, “CrPC”). It simply means any information given by a person (this can be anyone including the victim, third party, etc.) to a police officer on duty regarding the commission of an alleged cognizable offense.