Tag: Indian Evidence Act

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

Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

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-Aarushi Jain Recently, the apex court in Tofan singh v. State of Tamil Nadu held that the horizons of Section 25 of the Indian Evidence Act, 1872 (hereinafter 'IEA') extend to the statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'NDPS Act'). The definition of 'police officer' under … Continue reading Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

‘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

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?

Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872

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By Somyajit Mohanty Introduction “There is a great deal of laziness in it. It is far pleasanter to sit comfortably in the shade rubbing red pepper into a poor devil’s eyes than to go about in the sun hunting up evidence.”[1] A three-judge bench of the Supreme Court of India, in the case of Aghnoo … Continue reading Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872

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?