Swami Sadashiva Brahmendra Sar (Nil) 31 March 2010

Evidenciary value of news and blogs

Dear friends,

I had posted a query on this forum bearing the title - A rarest case of child custudy. In that case the natural parents/claimants say that infant was born on 23rd and missed on 24th and was found in the field on 25th and it is the same infant. The police is saying that it is a different infant and they are showing a news in a daily paper published on 23rd reporting that infant was found in the field on 22nd. The court suspected as to how there could be a news on same day's news paper on which the infant was born.

In this context and in general a question arises as to what is evidenciary value of a news item in a news paper?

Further , does a report or discussion on a web site or blog stands on different footing?

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3 Replies

Rajan Salvi (Lawyer) 31 March 2010

AIR 1969 SC 1201 Para "47......... A news item without any further proof of what had actually happened through witnesses is of no value. It is at best a second-hand secondary evidence. It is well know that reporters collect information and pass it on the editor who edits the news item and then publishes it. In this process the truth might get perverted or garbled. Such news items cannot be said to prove themselves although they may be taken into account with other evidence if the other evidence is forcible. ..."

Rajan Salvi (Lawyer) 31 March 2010

Sorry ... Samant N. Balakrishna etc. v. George Fernandez and Ors

Swami Sadashiva Brahmendra Sar (Nil) 31 March 2010

Thanks Mr. Rajan !

I need elaboration of the topic from two angles . One in peculiar facts and circumstances of above case; and second as a general principle as laid down in the judgment quoted by you.