evidence act

Querist : Anonymous (Querist) 22 April 2011 This query is : Resolved
contradiction between oral and documentary evidence, than documentary evidence is admissible.

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Guest (Expert) 22 April 2011
Documentary evidence is important provided it is not proved as wrong, as even documentary evidence can be denied if the witness says that the same was got done under pressure or threat.

However, oral evidence if recorded by the inquiring officer or judge has more validity than even the earlier recorded documentary evidence if declared to be made under pressure or threat. provided the oral evidence is not contradicted by any other witness or document.

Parveen Kr. Aggarwal (Expert) 22 April 2011
Section 94 of the Indian Evidence Act, 1872:

"94. Exclusion of evidence against application of document of existing facts:
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts."

Advocate. Arunagiri (Expert) 22 April 2011
If there is a contradiction on the two different statements, the credibility of the evidence will be very weak.

Naresh Kudal (Expert) 22 April 2011
yes in this type of case credibility of the oral evidence will very weak and decision of court will depend upon documentary evidence.

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