Law of Evidence - Relevancy, Proof, Witnesses and Presumptions
Structure
The Indian Evidence Act, 1872 moves from relevancy (Sections 5 to 55) to proof (Sections 56 to 100), to production and effect (Sections 101 to 114) and finally to witnesses (Sections 118 to 167).
Relevancy
Res gestae under Section 6; dying declaration under Section 32(1), admissible even without the maker being examined, provided it is voluntary, coherent and made in a fit mental state. Admissions under Sections 17 to 23 and confessions under Sections 24 to 30 must be kept apart - a confession is an admission of guilt, and Section 30 permits a co-accused's confession only as corroboration, never as substantive proof. Section 25 bars confessions to police absolutely; Section 27 carves out only the fact discovered.
Proof and presumptions
Sections 101 to 104 fix the burden; Sections 105 to 114 supply specific rules, including Section 106 (peculiar knowledge), Section 108 (presumption of life in seven-year absence), Section 113B (dowry death) and Section 114 (common course of natural events). Sections 62 and 63 define primary and secondary evidence; Section 65 grounds for secondary evidence. Sections 79, 80 and 90A provide presumptions for official and electronic documents.
Witnesses
Section 118 competence; Section 133 accomplice testimony, read with Section 114(b) - corroboration is expected. Sections 137 to 138 examination-in-chief, cross and re-examination; Section 145 contradiction by previous statements; Section 146 tests of credit; Section 154 hostile witness, which does not make evidence wholly worthless.
Trap
A dying declaration needs no corroboration if it inspires confidence, but a magistrate's certificate is not the only valid proof.