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Section 36 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 36 recognises statements concerning facts in issue or relevant facts as relevant when appearing in maps or charts published for general public sale, or in maps or plans prepared under Central or State Government authority. Relevance is limited to matters customarily depicted or recorded in those materials.

Section 35 of the Indian Evidence Act, 1872 - Indian Laws - Acts
An entry in a public or official book, register, record or electronic record is a relevant fact if it states a fact in issue or other relevant fact and is made in the discharge of official duty. The entry may be made by a public servant or by another person carrying out a duty specifically imposed by the law of the country where the record is maintained.

Section 34 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Entries in books of account, including electronically maintained books, are relevant where they concern a matter under judicial inquiry and are regularly kept in the course of business. However, such entries cannot alone charge a person with liability. Independent supporting evidence is required to establish the asserted obligation, including a claimed debt recorded in account books.

Section 33 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 33 permits prior witness evidence to prove the truth of facts in a subsequent proceeding or later stage of the same proceeding where the witness is unavailable through death, absence, incapacity, exclusion by the adverse party, or unreasonable delay or expense. The earlier proceeding must involve the same parties or their representatives, the adverse party must have had a right and opportunity to cross-examine, and the issues must be substantially the same. In criminal proceedings, the prosecutor and accused are treated as parties.

Section 32 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Statements of relevant facts made by persons who are dead, missing, incapable of testifying, or unavailable without unreasonable delay or expense may be relevant within specified categories. These include statements on the cause of death, ordinary business records, declarations against pecuniary or proprietary interest, and statements exposing the maker to criminal prosecution or damages. Relevance also covers qualifying pre-dispute declarations on public rights, customs, family relationships, specified transactions, and collective feelings or impressions.

Section 31 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions are not conclusive proof of matters admitted, but may operate as estoppels where applicable provisions governing estoppel are satisfied. Their evidentiary character remains non-final, although they may have binding legal consequences that prevent a party from departing from an admitted position in circumstances governed by estoppel, as legally applicable.

Section 30 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 30 of the Indian Evidence Act, 1872 permits a court, where more than one person is jointly tried for the same offence, to take into consideration a proved confession made by one accused that affects both its maker and one or more co-accused. Consideration is discretionary and may operate against the confessor as well as the implicated co-accused.

Section 29 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Confessions that are otherwise relevant remain legally relevant despite circumstances surrounding their procurement or making. Relevance is not displaced merely because the confession was made under a promise of secrecy, obtained through deception practised on the accused, made while the accused was drunk, or given without warning that it could be used as evidence against them.

Section 28 of the Indian Evidence Act, 1872 - Indian Laws - Acts
A confession previously affected by an inducement, threat, or promise becomes relevant if it is made after that influence has been fully removed. Relevance depends on the Court's opinion that the impression created by the earlier inducement, threat, or promise has been completely dispelled.

Section 27 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Discovery-based admissibility permits proof of information received from an accused person in police custody when it leads to discovery of a fact. Proof is confined to so much of the information as distinctly relates to the fact discovered, irrespective of whether the information amounts to a confession.

Section 26 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 26 creates an evidentiary bar against proving a confession made by a person while in police custody. Proof is permitted only where the confession is made in the immediate presence of a Magistrate. A village head discharging magisterial functions is excluded from the meaning of Magistrate unless exercising magisterial powers under criminal procedure law, while a coroner is recognised as a Magistrate for this purpose.

2023 (7) TMI 1674
Case Laws Indian Laws
Composite sampling and delayed trials can support conditional bail despite statutory restrictions on narcotics offences.
Composite sampling created by mixing contents of separately recovered bags before drawing samples may fail to establish what each bag contained, making it material to bail assessment under the NDPS Act. Although statutory bail restrictions apply, substantial pre-trial custody, failure to frame charges, and an unlikely early conclusion of trial may make continued detention disproportionate to the Article 21 guarantee of personal liberty. These factors support conditional bail under the criminal procedure framework where the sampling defect and trial delay are present.

Section 25 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Confessions made to a police officer cannot be proved against a person accused of an offence. The exclusion operates as an evidentiary restriction on using a police-obtained confessional statement against the accused in criminal proceedings. The provision addresses admissibility in relation to proof against the accused, while statements made to a police officer during investigation are separately associated with the procedural treatment of investigative statements.

Section 24 of the Indian Evidence Act, 1872 - Indian Laws - Acts
A confession is irrelevant in criminal proceedings if it was caused by an inducement, threat or promise related to the charge, proceeding from a person in authority. The influence must be sufficient to give the accused reasonable grounds to believe that confession would secure a temporal advantage or avoid a temporal evil in relation to the proceedings.

Section 23 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions in civil cases are irrelevant where made on an express condition that they will not be proved, or where circumstances permit the Court to infer a mutual agreement against their use in evidence. This protection does not exempt a barrister, pleader, attorney or vakil from giving evidence of matters on which they may be compelled to give evidence under section 126.

Section 22A of the Indian Evidence Act, 1872 - Indian Laws - Acts
Oral admissions concerning the contents of electronic records are generally irrelevant. They become relevant only where the genuineness of the electronic record produced is in question, confining reliance on such admissions to disputes over the record's authenticity rather than its contents alone.

Section 22 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Oral admissions concerning a document's contents are generally irrelevant unless the relying party is entitled to give secondary evidence of those contents or the genuineness of a produced document is disputed. Proof of documentary contents through oral admission is therefore confined to these specified evidentiary situations.

Section 21 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions may be proved against their maker or representative in interest, but ordinarily cannot be proved by or on their behalf. Proof by the maker is permitted where the statement would be relevant between third persons if the maker were dead, records a contemporaneous relevant state of mind or body supported by conduct making falsehood improbable, or is relevant independently of its character as an admission. Statements may also be admissible where they explain conduct influenced by facts in issue.

Section 20 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions may arise from statements of a person expressly identified by a party as a source of information on a matter in dispute. Where that party directs another to obtain information from the identified person, that person's statement is treated as an admission against the referring party.

Section 19 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions by persons whose position or liability must be proved against a party are relevant if the statements would be relevant against their makers in litigation concerning that position or liability, and were made while the position or liability subsisted. Thus, where a rent collector denies that rent was due, the tenant's acknowledgment of the rent debt is an admission relevant against the collector.

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