Criminal Law · 185 notes
Evidence Law: Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam, 2023 (BSA) notes.
Chapter-wise, structured notes for Judiciary (PCS-J / HJS), AIBE, CLAT and LLB preparation: sections, leading case law, illustrations and exam pointers. Every note is free to read, with previous and next topic links.
- 01
Introduction Meaning and Salient Features
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History and Evolution of Evidence Law in India
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Object Scope Application and Scheme
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Application Section 1 Courts Affidavits Arbitration
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BSA vs Indian Evidence Act 1872 Major Changes
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Nature and Meaning of Evidence Kinds and Classification
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Important Definitions Section 2 BSA
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Fact Fact in Issue and Relevant Fact
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Relevancy and Admissibility of Evidence Difference
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Proof Modes of Proof and Burden of Proof
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Standard of Proof in Civil and Criminal Cases
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Kinds of Evidence Direct Circumstantial Oral Documentary
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Direct Evidence vs Circumstantial Evidence
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Substantive and Corroborative Evidence
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Presumptions May Presume Shall Presume Conclusive Proof
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May Presume vs Shall Presume vs Conclusive Proof
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Facts in Issue and Relevant Facts Section 3
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Doctrine of Res Gestae Same Transaction Section 4
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Occasion Cause and Effect of Facts Section 5
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Motive Preparation and Conduct Section 6
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Facts Necessary to Explain or Introduce Section 7
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Things Said or Done by Conspirators Section 8
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Facts Otherwise Irrelevant Plea of Alibi Section 9
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Facts Relevant for Determining Damages Section 10
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Existence of Right or Custom Section 11
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State of Mind Body and Bodily Feeling Section 12
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Similar Occurrences Accidental or Intentional Section 13
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Existence of Course of Business Section 14
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Circumstantial Evidence Five Golden Principles
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Last Seen Theory
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Motive in Circumstantial Evidence Cases
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Recovery as Circumstantial Evidence Discovery of Fact
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Conduct of Accused as Circumstantial Evidence
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Chain of Circumstances and Missing Links
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Admission Meaning Essentials Sections 15 to 21
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Evidentiary Value of Admissions Conclusive Proof
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Admission and Estoppel vs Confession vs Previous Statement
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Confession Sections 22 23 24 Discovery and Co Accused
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Confession Meaning Nature Kinds and Evidentiary Value
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Judicial and Extra Judicial Confession
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Voluntary and Involuntary Confession Section 22
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Discovery Statement Proviso to Section 23 Confirmation by Subsequent Facts
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Confession of Co Accused Section 24 Joint Trial
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Retracted Confession
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Extra Judicial Confession Evidentiary Value
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Confession vs Admission
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Confession and Article 20(3) Self Incrimination
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Confession vs Statement Leading to Discovery
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Hearsay Evidence Rule and Exceptions
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Statements by Persons Dead or Unavailable Section 26
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Dying Declaration Section 26
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Multiple Dying Declarations
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Dying Declaration Recorded by Police Officer
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Dying Declaration vs Dying Deposition
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Conviction Solely on Dying Declaration
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Statements in Ordinary Course of Business Section 26b
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Statements Against Pecuniary or Proprietary Interest Section 26c
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Statements Relating to Public Right or Custom Section 26d
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Statements Regarding Relationship and Pedigree Section 26e 26f
Inside this note§§ 26e–26fSections, leading cases and exam pointers, free to read.
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Evidence Given in Previous Judicial Proceeding Section 27
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Previous Testimony of Unavailable Witness
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Statements Under Special Circumstances Sections 28 to 32
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Rule of Completeness Section 33
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Relevancy of Judgments Sections 34 to 38
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Judgment in Rem and Judgment in Personam
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Judgments in Probate Matrimonial Admiralty Insolvency Section 35
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Res Judicata and Relevancy of Judgments
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Double Jeopardy and Previous Judgments
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Expert and Opinion Evidence Sections 39 to 45
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Nature and Evidentiary Value of Expert Evidence
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Medical Expert Evidence vs Ocular Evidence
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Post Mortem Report and Medical Evidence
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Forensic Evidence
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DNA Evidence
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Ballistic Expert Evidence
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Fingerprint Evidence
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Handwriting Expert Evidence
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Opinion of Examiner of Electronic Evidence
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Expert Opinion vs Person Acquainted with Handwriting
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Character Evidence Sections 46 to 50
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Facts Which Need Not Be Proved Sections 51 to 53
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Admissions in Pleadings and Proof
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Judicial Notice
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Oral Evidence Sections 54 and 55
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Hearsay Evidence vs Direct Evidence
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Oral Evidence vs Documentary Evidence
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Documentary Evidence Sections 56 to 60
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Documentary Evidence General Principles
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Electronic Digital Record as Primary Evidence
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Kinds of Secondary Evidence
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Primary Evidence vs Secondary Evidence
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Best Evidence Rule
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Lost or Destroyed Documents and Secondary Evidence
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Photocopies as Secondary Evidence
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Certified Copies as Secondary Evidence
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Electronic and Digital Evidence Sections 61 to 63
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Electronic and Digital Evidence Complete Architecture
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Sections 61 62 63 Clause by Clause
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Section 63 Certificate Complete Note
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Conditions for Admissibility of Computer Output
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Electronic Evidence Certificate under the Schedule
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Role of Expert in Section 63 Certificate
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Hash Value and Integrity of Electronic Evidence
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Chain of Custody of Digital Evidence
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Emails as Evidence
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WhatsApp Chats and Messages as Evidence
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SMS and Electronic Messages as Evidence
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CCTV Footage as Evidence
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Audio and Video Recordings as Evidence
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Call Detail Records as Evidence
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Mobile Phone Data as Evidence
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Social Media Posts as Evidence
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Screenshots as Electronic Evidence
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GPS and Location Data as Evidence
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Cloud Stored Data as Evidence
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Electronic Signature and Digital Signature
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Primary vs Secondary Electronic Evidence
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Electronic Evidence BSA vs Indian Evidence Act
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Anvar PV v PK Basheer Electronic Evidence
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Arjun Panditrao Khotkar v Kailash Kushanrao Gorantyal
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Proof of Documents Sections 64 to 73
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Notice to Produce Document Section 64
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Proof of Signature and Handwriting Section 65
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Proof of Electronic Signature Section 66
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Proof of Attested Documents Sections 67 to 71
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Proof of Will and Suspicious Circumstances
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Comparison of Signature Writing Seal and Finger Impression Section 72
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Specimen Handwriting and Article 20(3)
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Public and Private Documents Sections 74 to 77
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Certified Copy vs Photocopy
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Presumptions under the BSA
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Presumptions Regarding Documents Sections 78 to 93
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Exclusion of Oral Evidence by Documentary Evidence Sections 94 to 103
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Parol Evidence Rule
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Sections 94 and 95 and the Six Provisos
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Patent and Latent Ambiguity Sections 96 to 101
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Burden of Proof Sections 104 to 120
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Burden of Proof vs Onus of Proof
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Shifting of Burden of Proof
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Burden of Proof in Criminal and Civil Cases
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Presumption of Innocence
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Reverse Burden of Proof
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Presumption of Life and Death Sections 110 and 111
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Legitimacy Section 116 and DNA Testing
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Abetment of Suicide by Married Woman Section 117
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Presumption as to Dowry Death Section 118
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General Presumptions and Adverse Inference Section 119
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Presumption of Absence of Consent Section 120
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Presumption as to Certain Offences Section 115
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Estoppel Sections 121 to 123
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Estoppel vs Res Judicata
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Estoppel vs Waiver
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Estoppel vs Acquiescence
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Admission vs Estoppel
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No Estoppel Against Statute
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Competency and Privilege of Witnesses Sections 124 to 139
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Privileged Communications under the BSA
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Marital Communications Privilege Section 128
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Advocate Client Privilege Sections 132 to 134
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Witness Not Excused Section 137 and Article 20(3)
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Accomplice Evidence Section 138
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Number of Witnesses Section 139
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Special Types of Witnesses
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Examination of Witnesses Sections 140 to 168
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Examination in Chief Cross Examination and Re Examination
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Leading Questions Section 146
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Cross Examination as to Previous Statements Section 148
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Questions Lawful in Cross Examination Section 149
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Hostile Witness Section 157
Inside this note§ 157Sections, leading cases and exam pointers, free to read.
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Impeaching Credit of Witness Section 158
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Corroboration of Witness Sections 159 to 161
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Refreshing Memory Sections 162 to 164
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Production of Documents Sections 165 to 167
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Judges Power to Ask Questions Section 168
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Improper Admission or Rejection of Evidence Section 169
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Repeal and Savings Section 170
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Questions Without Reasonable Grounds and the Courts Report Sections 152 and 153
Inside this note§§ 152–153Sections, leading cases and exam pointers, free to read.
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Indecent Scandalous and Insulting Questions Sections 154 and 155
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The Finality Rule Section 156
Inside this note§ 156Sections, leading cases and exam pointers, free to read.
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Judge Decides Admissibility Section 141
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Evidence as to Matters in Writing Section 147
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Falsus in Uno Falsus in Omnibus Not Followed in India
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Test Identification Parade and Dock Identification
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Trap Cases and the Evidence of Decoy Witnesses
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Video Conferencing and Electronic Recording of Evidence
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