“Corroboration” Under Section 157 Of The Evidence Act (Section 160 Of The Bharatiya Sakshya Adhiniyam [BSA] 2023

The later testimony of a witness can be “corroborated” by recourse to Section 157 of the Evidence Act. The said Section reads as follows:-“157: Former statements of witness may be proved to corroborate later testimony as to same fact.--In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the time when the...

Contradiction” Under Section 145 Of The Evidence Act (Section 148 Of BSA) And Under The Proviso To Section 162 (1) Cr.P.C. (Section 181 (1) Of BNSS)

C O N T E N T SI N N E R T I T L E SParaNo.INTRODUCTION 1SECTION 145 OF THE EVIDENCE ACT.2IMPEACHING THE CREDIT OF A WITNESS3 “CONTRADICTION” AS GENERALLY UNDERSTOOD 5 “CONTRADICTION” AS ENVISAGED BY THE PROVISO TO SECTION 162 (1) Cr.P.C. AND THE LATTER LIMB OF SECTION 145 OF THE EVIDENCE ACT.6“OMISSION” EXPLAINED IN TAHSILDAR SINGH'S CASE 6 propositions laid down...

Order VI Rule 17 CPC | Principles On Amendment Of Plaint : Supreme Court Explains

The Supreme Court observed that by way of an amendment to the plaint under Order VI Rule 17 of CPC, the plaintiff can introduce certain aspects that are necessary to determine the issues between the parties. The bench comprising Justices C.T. Ravikumar and Sanjay Karol heard a matter where the defendant objected to the plaintiff's application seeking an amendment to the plaint. The...

When Can Ignorance Of Law Be Taken As Defence?Supreme Court Explains

The Supreme Court recently held that neither unawareness of the law nor ignorance of law cannot be claimed as an excuse for storing or possessing child pornography in a plea taken by the accused that he was not aware of the fact that storing child pornography was a punishable offence under Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused had...

"Vertical Reservation" & "Horizontal Reservation" Explained Based On Supreme Court Judgments

There are two types of mechanisms used for providing the benefit of reservations to the reserved classes i.e., Vertical Reservation and Horizontal Reservation. Explaining the concept of Vertical and Horizontal Reservation, the Supreme Court in Indra Sawhney's case held that when a reservation is made in favor of Scheduled Castes (SCs), Scheduled Tribes (STs), and other backward classes...

"Navigating The Public Premises Eviction Maze: A Comprehensive Guide To The 1971 Act"

The Public Premises (Eviction of Unauthorised Occupants) Act, 1971, commonly referred to as the Public Premises Act, is a crucial piece of legislation that governs the eviction of unauthorized occupants from public premises in India. This Act is particularly significant for governmental bodies, public sector undertakings, and other entities where premises are owned, leased, or controlled...

'What Is The Main Purpose Of Section 27 Of The Evidence Act? '

There is a popular misconception that the purpose of Section 27 of the Indian Evidence Act, 1872, is to lift the ban on “confession” made to a Police Officer as imposed by Sections 25 and 26 of the Evidence Act. It is not so. The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a...

Understanding Delhi Urban Shelter Improvement Board Act, 2010 (Delhi Act 07 Of 2010)

The Delhi Urban Shelter Improvement Board (DUSIB) was established in July 2010 to improve the living conditions of slum and JJ (Jhuggi-Jhopri) dwellers in Delhi, the capital city of India. Governed by the DUSIB Act, the board has the authority to designate specific areas as slums based on the availability of civic services. Its responsibilities include organizing the resettlement...

Understanding E-Evidence Under Bhartiya Sakshya Adhiniyam 2023: Key Provisions And Implications

The three new criminal laws, the “Bhartiya Nyaya Sanhita,” the “Bhartiya Nagarik Suraksha Sanhita,” and the “Bhartiya Sakshya Adhiniyam,” have replaced the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, effective from 1 July 2024. The Bhartiya Sakshya Adhiniyam 2023 marks a significant shift in the legal landscape...

Explained | Scope Of Article 131 Of Indian Constitution As Interpreted By Supreme Court In West Bengal's Suit Against Centre

While upholding the maintainability of an original Suit filed by the State of West Bengal against the Union of India over the suo motu registration of cases by the CBI in respect of offences committed within the State without its consent, the Supreme Court made certain pertinent observations regarding Article 131 of the Constitution. Before moving further, it is important to note...

Supreme Court Explains Features Of Doctrine of Legitimate Expectation

Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.The features are as follows: -"a. legitimate expectation must be based on a right as opposed to a mere hope, wish, or anticipation; b. legitimate expectation must arise either from an express...

The Change In Remand Law As Per The Bharatiya Nagarik Suraksha Sanhita, 2023.

Three new criminal laws have been passed by the Parliament to replace the existing Code of Criminal Procedure, 1973 (Cr.P.C.), the Indian Penal Code, 1860 (I.P.C.) and Indian Evidence Act, 1872 (I.E.A.). These new laws will come into force on 1 July 2024. However, even though the objective of the enactment of these laws were to create an empathy-driven legal framework, several provisions need...