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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.

Section 18 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 18 recognises as admissions statements made by a party and by an expressly or impliedly authorised agent. Statements by a party acting in a representative capacity qualify only when made while that character was held. Statements made by persons with proprietary or pecuniary interests in the subject matter, and by persons from whom parties derive their interest, may constitute admissions when made during the continuance of the maker's interest.

Admission defined
Act Rules Indian Laws
Section 17 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admission is a statement, whether oral, documentary, or contained in electronic form, that suggests an inference regarding a fact in issue or a relevant fact. Its character depends on its inferential connection to such facts and on its having been made by persons, and in circumstances, identified for that purpose. Electronic-form statements are included alongside oral and documentary statements.

Section 16 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Course-of-business evidence is relevant where the performance of a particular act is in issue. For correspondence, placement of a letter at the customary collection point, combined with the established practice of taking such letters to post, bears on dispatch. Due posting and absence of return through the Dead Letter Office also bear on whether the letter reached its addressee.

Section 15 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 15 makes a series of similar occurrences relevant where the issue is whether a disputed act was accidental or intentional, or was done with particular knowledge or intention. The occurrences must involve the person who performed the act and may support an inference concerning the character, purpose, or state of mind associated with the act in question.

2023 (7) TMI 1673
Case Laws IBC
Parallel insolvency proceedings against borrowers and corporate guarantors: CIRP challenge dismissed where guarantor proceedings were already pending.
Parallel insolvency proceedings against a principal borrower and its corporate guarantor raise the maintainability of commencing CIRP when CIRP against the guarantor is already pending. The issue concerns the scope of Section 60(2) of the Insolvency and Bankruptcy Code, 2016, together with the application of binding precedent and the per incuriam principle. Admission was refused and the civil appeal was dismissed.

Section 14 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 14 permits facts showing intention, knowledge, good faith, negligence, ill-will, bodily condition, or bodily feeling where that state is in issue or relevant. The fact must relate to the particular matter, not merely establish a general character, habit, or disposition. Prior acts, communications, possessions, complaints, and surrounding circumstances may prove the relevant state of mind when specifically connected to the transaction or offence. Evidence of general criminal disposition, habitual negligence, or general violent conduct remains irrelevant.

Section 13 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Where a right or custom is in issue, relevant facts include transactions that created, claimed, modified, recognised, asserted, denied or contradicted its existence. Particular instances in which the right or custom was claimed, recognised or exercised, or its exercise was disputed, asserted or departed from, are also relevant. For a fishery right, this may include ancestral grants, mortgages, inconsistent later grants, prior exercise, and interference by neighbours.

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