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smith sharma (lecturer)     18 August 2008

RELEVANCY OF CONDUCT

Hi,


      What is the relevency of conduct?


thanx


with regards


Miss. Smith Sharma[Lawyer]



Learning

 5 Replies

shamit sanyal (advocate)     19 August 2008

in which field

Mohit Attri (lawyer)     19 August 2008

read section 8 of evidence act.


QE     v/s    ABDULLAH


7all 385


conduct,whether previous or subsequent must have reference to the suit of proceeding or to fact in issue or facts relevant  to the suit or proceeding nd must influenced by facts in issue or relevant facts.conduct made relevant by section 8 is conduct which is directly nd immediately inffluenced by a fact  in issue or relevant fact nd it does not include action ressulting from some intermediate cause such as question or suggestion by other persons. 


mohan lal v/s e,39 crlj 123>>>


>>> prepration nd previous attempts to commit the offence are instance of previous conduct of the party influencing the facts in issue or relevant facts.evidence of a previous attempt by accused to import goods by deceiving the customs officer in another port was held admissible in proving his guilt on a charge for similarly importing goods in the port


under section8(2) the following facts r relevant


(a) accused conduct shortly before or after the commision of offence which influenced or was influenced by his commission


(b)statements made by him which accompny and explain such conduct.


(c)statement made to him or in his presence and hearing which affects his conduct.


in A.N VENKATESH v/s STATE OF KARNATKA


 the dead body of the kidnaped boy was alleged to have been recoverd on pointing out of the particular spot by the accused persons.the presence of accused persons at a palace where the ransom demand was to be fulfilled and their action of fleeing on spotting police party and also their disclosure statement was held to be admissible under section 8 but not under section 27 of the evidence act.


 


>>>mohit<<<


 


 

aatma   19 August 2008

Could you explain this section?


Evidence act section 53-how useful in 498a, DP, 506(2) case?CHARACTER WHEN RELEVANT

53. In criminal cases previous good character relevant

In criminal proceedings, the fact that the person accused is of a good character, is relevant.


How  I can use this to support to prove my innocence. What are the possible documents I can collect?Can I use Good character support letter from my employer?


Thanks.

deepak kumar (Advocate)     23 August 2008

during trial you can examine witnessess in support of your character. good character letter from employer is also a good idea but it has to be proved and marked as an exhibit during trial

aatma   24 August 2008

Thank you Mr. Deepak.


"letter from employer is also a good idea but it has to be proved"


It means the employer has to come to the court and testify my character?


 


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