Showing posts with label inadmissibility of evidence. Show all posts
Showing posts with label inadmissibility of evidence. Show all posts

Sunday, 27 October 2024

Understanding the Admissibility and Inadmissibility of Evidence: Insights from the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam

The Indian Evidence Act, 1872 serves as the cornerstone for determining the admissibility and inadmissibility of evidence in legal proceedings in India. This Act delineates what types of evidence can be presented in court, the conditions for their admission, and the rules regarding their relevance. Recent changes introduced by the Bharatiya Sakshya Adhiniyam, 2023 have further refined these provisions, reflecting evolving legal standards.

Admissibility of Evidence

Definition and Criteria

Evidence is considered admissible when it meets specific criteria:

- Relevance: The evidence must directly relate to the facts at issue in the case. Sections 5 to 55 of the Indian Evidence Act outline what constitutes relevant facts.

- Legality: Evidence must be obtained through lawful means. For instance, confessions made under coercion are deemed inadmissible.

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