Evidence Act, 1872, Section 65B -- Electronic evidence - There is difference between original information contained in a computer itself and copies made therefrom - Former is primary evidence and latter is secondary one - Certificate u/s 65-B of the Act is unnecessary when original document (i.e primary evidence) itself is produced. (2020(7) SCC 1)..........
Civil Procedure Code, 1908, Order 19, Rule 3, 9, Allahabad High Court Rules, 1952 -- Chapter IV, R.12 - Affidavit - Person making averments in the affidavit must disclose as to what facts are true to his personal knowledge, what facts are true on the basis of information received from others which he believed to be true and what facts are based on information derived from..........
Criminal Procedure Code, 1973, Section 207 -- Supply of documents including electronic record to accused - Offence u/ss 354-D, 385, 506, 120-B IPC and Ss.4, 8 of POCSO Act and Ss.66-E, 67, 67-A, 67-B, 84-B of Information Technology Act - When there is possibility of disclosure of identity of minor victim, then instead of supplying, copying such documents to accused, it..........
Evidence Act, 1872, Section 74, 64, 77, Civil Procedure Code, 1908, Section 2(17) -- Right to Information Act, 2005 - Response provided under RTI Act - Public Information Officer under RTI Act is a `public officer' and thus response provided by him falls within ambit of a public document which can be proved either by adducing original copy of the same or by filing a..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
Indian Penal Code, 1860, Section 376, 451 -- Rape - Age of prosecutrix - Prosecutrix herself admitted that at the relevant time her age was 18 years and she gave her age 15 years in FIR on the say of her mother - Birth certificate though is a public document, does not indicate that same is extract of public record kept in office of Gram Panchayat - Further, who gave..........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Certificate requisite u/s 65-B(4) of the Act is unnecessary if original document itself is produced - This can be done by owner of laptop computer, computer tablet or even a mobile phone by stepping into witness box and proving that concerned device on which original information is first stored is owned and/or..........
Hindu Marriage Act, 1955, Section 12, 23 -- Annulment of marriage - Suppression of earlier marriage by wife - Evidence on record shows that wife had given knowledge about alleged divorce between her and her first husband to present husband prior to marriage - Though wife failed to prove customary divorce between wife and her previous husband but from evidence regarding..........
Indian Penal Code, 1860, Section 378, 380 -- Theft - Information contained in a document if replicated, can be subject of theft and can result in wrongful loss even though original was only temporarily removed from its lawful custody for purpose of extracting information contained therein, as replication of documents and contents thereon have physical presence and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is stated about..........
