Evidence Act, 1872, Section 65B(4) -- Electronic record - Statement pertaining to electronic record - Permissible on satisfaction of conditions viz. - (a) There must be a certificate which identifies the electronic record containing the statement; (b) The certificate must describe the manner in which the electronic record was produced; (c) The certificate must furnish the..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photostat copy - Law as to - Analysed - (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy - Principles governing are : (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Criminal Procedure Code, 1973, Section 190 -- After taking cognizance Magistrate can adopt any of the alternatives viz. (a) He can peruse the complaint and if satisfied that there are sufficient grounds for proceeding he can straightaway issue process to the accused but before he does so he must comply with the requirements of Section 200 and record the evidence of the..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Law as to - Summed up : (i) Power to summon an accused is discretionary and extra-ordinary power, which should be exercised sparingly and only if compelling reasons exist at any stage of case; (ii) The order passed under Section 319 of the Code of Criminal Procedure summoning an additional accused should..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Dowry death - Presumption - To be raised on proof the essentials viz. - (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC);..........
Criminal Procedure Code, 1973, Section 82(1), 82(4) -- Proclaimed person and proclaimed offender - Distinction is only in context to the mode of declaration of an absconder as "proclaimed offender" - A "statement in writing" by Court issuing the proclamation to the effect that proclamation was duly published on a specific day in manner specified in clause (i) of..........
Criminal Procedure Code, 1973, Section 313 -- Statement of accused recorded u/s 313 - Use of - Held, statement of accused recorded u/s 313 of the Code cannot be put against accused person - Courts may rely on a portion of statement of accused and find him guilty in consideration of other evidence against him led by prosecution - Statement made under this Section should not..........
Criminal Procedure Code, 1973, Section 311, 391 -- Criminal trial - Important and relevant evidence - Production of - Power of Court - Held, the important and relevant evidence collected by the Investigation Agency should have been produced and if not done, the trial Court could invoke its powers under Section 311 Cr.P.C. and if no such attempt was made, the same has to be..........
Indian Penal Code, 1860, Section 363, 366, 376, Evidence Act, 1872, Section 35 -- Age of prosecutrix - An entry relating to date of birth made in the school register is relevant and admissible under Section 35 of the Evidence Act but the entry regarding the age of a person in a school register is of not much evidentiary value to prove the age of the person in the absence..........
