Category: Indian Evidence Act

ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?

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-Ritwik Sharma, Gurdeep Rai Introduction The use of advanced forensic genomics can expedite trials and has necessitated modernising existing procedural and evidentiary laws in India. Currently, classical DNA Profiling methods involving identification via fingerprinting are used in criminal investigations, and the evidence collected is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (‘BSA’). However, it remains … Continue reading ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?

The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

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- Rohan Mishra Introduction The most common phenomenon is ‘seeing is believing’ or ‘what you see is what you will believe’ - but for how long we can rely upon this theory? As society grows with modern day technological advancement, people put a lot of probative weight to digital content such as images and videos. … Continue reading The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLEXITIES

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- Insha Pani While the nation’s historic overhaul of the three major criminal laws captured national and international attention, another significant development is breathing its way quietly but powerfully is the introduction of the E-Sakshya Mobile application—part of a broader digital transformation within the criminal justice system. The E-Sakshya app, developed in consonance with Sections … Continue reading E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLEXITIES

From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence

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- Yushmita Sidar. Introduction “When the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particular, it is the duty of the judge to warn the jury that it is unsafe to convict any person upon such evidence, though they have a legal right … Continue reading From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence

“Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

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-Himanshu Ranjan Introduction The recording of ‘information’ under Section 154 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C) is one of the most important procedures, which  inter alia sets in motion the criminal justice system as and when a cognisable offence is committed. Section 154, Cr.P.C is the inaugural provision of Chapter XII- … Continue reading “Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

Envisioning admissibility of wearable devices in Indian Courts

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Rishabh Saumya and Gayatri Singh Introduction The leap of technology from our desk to our wrist is quite remarkable. From measuring our heartbeat to calculating our footsteps, wearable devices, gradually, are becoming an essential fitness accessory among health-conscious folks. These activity tracking devices are equipped with wearable technology and are marketed for their health tracking … Continue reading Envisioning admissibility of wearable devices in Indian Courts

Redefining the scope of Exculpatory Material at the Stage of Bail

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-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court ("HC") cannot issue any such directions at the stage of bail which will have "a direct bearing upon the trial." Subsequently, it quashed the direction of the … Continue reading Redefining the scope of Exculpatory Material at the Stage of Bail

Preservation of Evidence: Need of our Criminal Justice System

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-By Mujeeb Ur Rehman “A person is innocent until proven guilty” This is one of the most sacred principles of the criminal justice system, regardless of jurisdiction of which it belongs to; and in order to prove any person guilty, evidence against him/her is a mandatory requirement. Here the criminal justice system fails to believe … Continue reading Preservation of Evidence: Need of our Criminal Justice System

Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

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-By Muskan Jhunjhunwala Introduction Sexual offences, in a general sense, are a rigorous attack on the body, particularly the molestation of genitals without the sufferer’s consent. It tends to outrage the dignity, self-respect and modesty of the victim and in its true sense is an attack on bodily integrity. Rape, in India, is considered a … Continue reading Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

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-By Nishtha Gupta INTRODUCTION India has enacted several special laws to ensure speedy and efficient disposal of cases applying to a special category of offences. One of such special legislations is the Wildlife Protection Act, 1972 [“WLPA”]. It has been enacted for the protection of flora and fauna and for the overall ecological and environmental … Continue reading The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

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-By Shuchi Agrawal Introduction The Indian Evidence Act of 1872 does not forbid the examination of illegally collected evidence by the Courts, if it is relevant or establishes guilt or innocence. However, Indian courts have had conflicting opinions on the admissibility and evidence value of illegally collected evidence. Two major doctrines related to this conflict … Continue reading An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

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-By Esha Goyal Section 32(1) of the Indian Evidence Act, 1872 allows for a dying declaration in the form of a statement regarding the cause of the declarant’s death to be made a relevant fact. The criminal rules of practice of each State in India require the declarant to be in a ‘fit state of … Continue reading ‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part II

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-By Sudev Singh This is the second part of a two-part series. In the first part the author throws light on the case of Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case. An attempt has been made to highlight the importance of this case in the context of … Continue reading Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part II

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part I

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-By Sudev Singh Introduction - Background of the Controversy Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case involved a bundle of petitions, pertaining to the purchase of Rafale Fighter aircrafts by the Indian Government from France. Opposition parties and leaders alleged that the deal entered into by the … Continue reading Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part I

The Irrationality of Section 27 of the Indian Evidence Act, 1872

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-By Anshul Ramesh and Andolan Sarkar Introduction Confessions play an important role while deciding on the future course of action that is required to be taken by the police and also while securing the conviction of the accused. Sections 25 and 26 of the Indian Evidence Act, 1872 (“Evidence Act”) proscribe the admissibility of confessional … Continue reading The Irrationality of Section 27 of the Indian Evidence Act, 1872

Need for exclusion of evidence obtained through entrapment in India

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-By Gunjan Shrivastav https://reischlawfirm.com/wp-content/uploads/2018/02/When-Can-the-Entrapment-Defense-Be-Used-in-a-Criminal-Case.jpg In this blog, it is argued that any evidence obtained by the police by way of a trap should not be admissible in a court of law. In the absence of any specific provision that restricts the admissibility of evidence procured by way of trap, the court should adopt an approach … Continue reading Need for exclusion of evidence obtained through entrapment in India

Sting Operations In India: Reliably Admissible?

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By- Aditya Kumar Singh The Indian Evidence Act, 1872 has a strict distinction between fact and evidence, and for any document, electronic record, or oral testimony to become evidence and be considered during the final adjudication, it has to first satisfy three pre-conditions in evidence law, which can be formulated and structured as three doors … Continue reading Sting Operations In India: Reliably Admissible?

The Supreme Court, 65-B Certificates, and Electronic Evidence

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By Abhinav Sekhri A Three Justices' Bench of the Supreme Court delivered a much-awaited decision in Arjun Panditrao Khotkar v. Kailash Kushanrao & Ors. [Civil Appeal Nos. 20825-26 of 2017, decided on 14.07.2020 ("Arjun Panditrao")]. The issue referred to the Three Justices was an apparent conflict that had emerged in the position of law on the … Continue reading The Supreme Court, 65-B Certificates, and Electronic Evidence

The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

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By Anurag Mohan Bhatnagar and Manvendra Shekhawat Introduction We live in an era in which, almost every crime has an electronic component involved, and be it a computer or mobile phones or even a small SD Card. Mobile phones, laptops, computers can be used for carrying out crime and can further be helpful for investigating … Continue reading The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

Mobile Phones and Criminal Investigations

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By Abhinav Sekhri [This post first appeared on the author's blog, 'The Proof of Guilt'.] I've put out a short primer/paper (made with friends) explaining the basics about mobile phones and criminal investigations. This is meant to help convey the legal issues that arise in the context of the following: (i) seizure of a phone by … Continue reading Mobile Phones and Criminal Investigations

Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty

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By Abinand Lagisetti Introduction One of the most fundamental characteristics of the complex Indian Criminal Law framework is the presumption of innocence bestowed upon the accused by the Courts and the burden of proof conferred upon the prosecution to prove the accused’s guilt. This principle was borrowed from English criminal law system and has been … Continue reading Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty

The Credibility of Child Witnesses

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By Himanshu Tyagi The Supreme Court of India recently emphasized on the need of having special public prosecutors in the case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Hon’ble Court observed that the prosecutors must be trained to deal with child witness in sexual harassment cases. As we all … Continue reading The Credibility of Child Witnesses

Rethinking ‘Fruit of the Poisonous Tree’ Doctrine into the Indian Evidence Act

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By Priyanka Preet  ‘Even so every good tree bringeth: forth good fruit; but a corrupt: tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.’ ~Matthew 7:17-18 A doctrine or a legal metaphor? The ‘fruit of the poisonous tree’ doctrine was perhaps a … Continue reading Rethinking ‘Fruit of the Poisonous Tree’ Doctrine into the Indian Evidence Act