Testimony

Criminal Evidence Act

Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...

May be accepted as evidence

May be accepted as evidence, indicate that there is no compulsion on the court to accept such transaction as evidence, but it is open to the court to treat them as evidence. Merely accepting them as evidence does not mean that the court is bound to treat them as reliable evidence, Land Acquisition Officer & Mandal Revenue Officer v. V. Narasaiah, (2001) 3 SCC 530....

Testimony, evidence given; proof by a witness. See EVIDENCE and PERPETUATING TESTIMONY.Means an evidence that a competent witness under oath or affirmation gives at trial or in an affidavit or deposition, Black's Law Dictionary, 7th Edn., p. 1485...

Weight of evidence

Weight of evidence, such superiority in the evidence for one side over that for the other as calls for a verdict for the first. When a new trial is asked for on the ground that the verdict is against the weight of the evidence, the judge who tried the cause is consulted, and it does not very often happen that a new trial is ordered if he reports that he is satisfied with the verdict (R.S.C. Ord. XXXIX., r. 6, and notes thereto in Annual Practice).The persuasiveness of some evidence in comparison with other evidence, Black's Law Dictionary, 7th Edn., p. 1588....

Indirect evidence

Indirect evidence, proof of collateral circumstances from which a fact in controversy, not directly attested by witnesses or documents, may be inferred. It is also called circumstantial and presumptive evidence. See Taylor or Best on Evidence....

Unsworn testimony

Unsworn testimony. As to its admission in certain cases in civil and criminal proceedings in Colonial courts, see 6 & 7 Vict. c. 22; and as to unsworn evidence of child on charge of defilement of girl under 13, see Criminal Law Amendment Act, 1885, s. 4. See also as to the evidence of children, Children and Young Persons Act, 1932, s. 37; Criminal Justice Administration Act, 1914, s. 28....

Substantive evidence

Substantive evidence, means that adduced for the purpose of proving a fact in issue, as opposed to evidence given for the purpose of discrediting a witness, or of corroborating his testimony, Black's Law Dictionary; State v. Nalini, (1999) 5 SCC 253....

Primary evidence

Primary evidence, the best evidence as distinguished from secondary evidence....

Makes any order admitting any instrument in evidence

Makes any order admitting any instrument in evidence, the order is an order about the sufficiency or insufficiency of the stamp with reference to a document which has been admitted in evidence. No formal or specific order admitting the document in evidence, H.H. Sir Syed Raza Ali Khan v. Dr. Saran Behari Mathur, AIR 1960 All 359....

Acceptance of evidence

Acceptance of evidence, is not a term of art. It has an etymological meaning. It envisages exercise of judicial mind to the materials on record. Acceptance of evidence by a court would be dependent upon the facts of the case and other relevant factors. A piece of evidence in a given situation may be accepted by a court of law but in another it may not be, Cement Corpn. of India Ltd. v. Purya, (2004) 8 SCC 270. [Land Acquisition Act, 1894, s. 51A]...

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