Talk:Indian Evidence Act, 1872

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Latest comment: 12 years ago by Avanu in topic Confession under Indian Evidence Act

Untitled edit

hello, sir

i want information about examination of witness and competent

witness and what is the steps involved role the actual litigation with indian evidence act? — Preceding unsigned comment added by 59.95.41.63 (talk) 09:26, 11 October 2006 (UTC)Reply

May be someone shall provide the information here. --Bhadani 14:06, 11 October 2006 (UTC)Reply

Confession under Indian Evidence Act edit

Is any of the following sourceable? -- Avanu (talk) 02:34, 7 August 2011 (UTC)Reply

In any modern nation adhering to the rule of law and the cardinal principles of natural justice, an elaborate system of evidence gathering is necessary to make the justice delivery system meaningful and expedient.

In India The Indian Evidence Act, 1872, a legacy of the 150 years' of the British Raj is still in vogue, with a few amendments and modifications carried out in the Post Independent India. Nevertheless, one must say that the said statute despite its antiquity has stood the test of time, thanks to the rare foresight and innovative spirit shown by its framers. Thus, even today the rules of evidence governing primary and secondary evidence govern the admissibility of the documents and despite the phenomenal advances in the printing technology and varied types of copy making there is apparently little hitch in serving the needs of the courts.

Confessions are an integral part of the Indian Evidence Act and they must be understood properly to comprehend process of administration of justice in India. Confession, by its very nature, means a statement admitting the guilt of the maker, and may thus inculpate him at the trial. A statement may thus be made either orally or in writing. It may even be made by signs or visible representations so that its meaning is conveyed to another party. A statement, to be treated as a confession, need not always be a veritable account of the crime. It will suffice if in some degree it inculpates the maker. A confession may be made to another person who is not connected with the crime or offence either as a principal offender or his accessory. However, depending on the person to whom it is made, it can be classified either as a judicial confession or non-judicial confession. Judicial confession, by its very description, denotes a confessional statement made to a judicial officer such as a Magistrate or a Judge, provided the latter has the authority in law to adjudicate. On the other hand, a non-judicial confession can be classified as a confession to police or a confession to a member of the the general public other than a police or judicial officer.