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VIKAS GARG (LAWYER)     11 March 2009

qyery

Hey could u help me to inderstand relevancy and admissibility and difference between them in context of Indian Evidence Act, 1872. I have read various books like batuk lal on evidence, evidence law of vepa sarthi and many more still fail to understand the concept.

 

thanks



Learning

 3 Replies

ritu bhadana (advocate)     11 March 2009











the concept of admissibility is contigent upon relevancy.it is to be noted that always FACTS are relevant and EVIDENCE upon such facts are admissible.every fact which has been declared to be relevant is not always admissible.even a relevant fact is admissible only when it is proved.thus,a relevant fact might not be admissible either:-






1.when it is not proved or






2.when it is not allowed to be proved.i.e when IEA bars it proof.






for instance secs.25-26 of the indian evidence act clearly declares that confessions made to a police officer or confessions made in police custody shall not be proved.thus even if such confessions are relevant ,they are not admissible as they cannot be proved.similarly u/sec.120-130 the IEA clearly prohibits the proof of certain kinds of communications which are called priveleged communications.






other way round there are certain facts which are not expressely declared to be relevant but are allowed to be proved and thus are admissible.for instance the evidence relating to impeachment of the credit of the witness u/sec.155,though not declared to be relevant is allowed to be proved.






 

Rajendran Nallusamy (Advocate)     26 April 2009

The following sections of the Indian Evidence Act will provide a clear picture:

Evidence may be given of facts in issue and relevant facts 18
Relevancy of facts forming part of same transaction 19
Facts which are the occasion, cause or effect or facts in issue 20
Motive, preparation and previous or subsequent conduct 22
Facts necessary to explain or introduce relevant facts 27
Things said or done by conspirators in reference to common design 29
When facts not otherwise relevant become relevant 32
In suits for damages, facts tending to enable Court to determine
amount are relevant 34
Facts relevant when right or custom is in question 35
Facts showing existence of state of mind, or of body, or bodily feeling 38
Facts bearing on question whether act was accidental or intentional 44
Existence of course of business when relevant 47


Admission defined 48
Admission by party to proceeding or his agent; by suitor in representative
character; by party interested in subject-matter; by person from whom
interest derived 50
Admission by persons whose position must be proved as against
party to suit 52
Admissions by persons expressly referred to by party to suit 53
Proof of admissions against persons making them, and by or
on their behalf 54
When oral admissions as to contents of documents are relevant 57
Admissions in civil cases, when relevant 58
Confession caused by inducement, threat or promise, When irrelevant in
criminal proceeding 59
Confession to police officer not to be proved 65
Confession by accused while in custody of police not to be proved
against him 68
How much of information received from accused may be proved 70
Confession made after removal of impression caused by inducement,
threat or promise, relevant 73
Confession otherwise relevant not to become irrelevant because of
promise of secrecy, etc. 74
Consideration of proved confession affecting person making it
and others jointly under trial for same offence 75
Admissions not conclusive proof, but may estop 78

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