Evidence Act, 1872, Section 9 -- Test identification parade - The purpose of test identification parade is to test and strengthen trustworthiness of the substantive evidence of a witness in court - It is for this reason that test identification parade is held under the supervision of a magistrate to eliminate any suspicion or unfairness and to reduce the chances of..........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Criminal Procedure Code, 1973, Section 311 -- Court questions - Court cannot ask question to a witness so as to frighten, coerce, confuse or intimidate the witness...........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - In case of delay in examination of witnesses in the manner of investigation the same is not a ground to condemn the witness - S.162 Cr.P.C. is very clear that it is not mandatory for the police to record every statement - Law contemplates a situation where there might be..........
Criminal Procedure Code, 1973, Section 161, 162 -- Delay in recording statement of witnesses - When delay is explained, whatever be the length of the delay, Court can act on the testimony of the witness if it is found to be cogent and credible...........
Evidence Act, 1872, Section 154 -- Hostile witness - Where a witness for the prosecution turns hostile, the Court may rely upon so much of the testimony, which supports the case of the prosecution and is corroborated by other evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Allegation of search and seizure of 10 kg. of poppy husk from the accused - Accused acquitted on the following grounds : (a) Recovery was effected from thoroughfare but no body from near vicinity was joined as independent witness; (b) Accused had opted for a search before Magistrate but no such search was..........
Will -- Execution - Will has to be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark to the Will or has seen some other person sign the Will, in the presence, and by the direction of the testator, or has received from the testator a personal acknowledgment of his signature or mark, or of the signature of such other person; and..........
Will -- Execution - Proof - S.68 of the Evidence Act provides if a document is required by law to be attested it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution if there be an attesting witness alive, and subject to the process of the Court is capable of giving evidence...........
Indian Penal Code, 1860, Section 498A -- Husband treated his wife with cruelty on account of demand for additional dowry - Evidence of village elder examined as prosecution witness did not disclose any dispute between accused and complainant wife about additional dowry - Complainant admitted that she did not inform her parents for three years - Reasons assigned for the..........
