Generally when the Court assumes the presence of a reality that is known as presumption. With the guide of presumption, a gathering in whose favour a presumption is made gets erased from the underlying weight of verification. The court assumes the presence of the reality in support of himself and may follow up on it […]
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
Dying Declaration means words said by a person before his death which formalizes into a declaration made by a person at the time of his death describing the conditions that led to his death. A dying declaration is considered as being the most reliable and credible evidence for it is believed that a person will
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
The principle of estoppel is based on equity and to protect the person in fundamental rule of law. Various judgments relating to the doctrine have been discussed in this article. The dimension of this principle is open to more than one interpretation in nature, in view of this, the Law Commission of India in its
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.
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.
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.
