Admissibility of fact & Evidence & reliability of evidence under Indian Evidence Act,1872 – Free PDF

Admissibility of Fact, Admissibility of Evidence, Reliability of Evidence

• Section 165: Proviso- Judgement is not to be based on irrelevant facts, but on relevant facts proved to satisfaction of the court.
• Suppose fact in issue to be proved and for that purpose he will propose in the court that he want to prove Fact 1, Fact 2, Fact 3, Fact 4 and fact 5.
• Court has to examine whether all these facts are relevant or not?
• If the court finds that F2, F3, F4 are relevant and F1 and F5 is not relevant then court will not allowed to prove F1 and F5
• As judgement has to be based on only relevant facts.
• Thus admissibility of evidence will be of F2,F3, F4
• Inadmissibility of evidence will be F1 and F5
• Ultimately court finds that F4 not duly proved by party, then only F3 and F2 as these facts are relevant and duly prove. This will be admissibility of facts.
• So, Admissibility of facts = Relevant Facts and duly proved
• Section 5 declares that evidence may be given only of facts, which are either relevant or which are fact-in-issue and of no others.
•  Section 165 proviso 1 declares that Judgement shall be based upon relevant facts which are duly proved thus it is duty of count not to allow party to give evidence on any irrelevant fact.
• Admissibility has to be seen at 2 stages-

1. Admissibility of evidence : Party will be allow to prove evidence only upon Relevant Fact and if  party proposes to prove a fact which is not relevant then evidence will not be allowed  to be  prove.
2. Admissibility of fact: Once the court has allowed the proof of Relevant Fact thereafter it will examine which of those facts have been duly proved and once it finds that certain facts have been dully proved then only those facts will be taken into consideration by court in deciding the case.

Reliability of facts

• Whenever evidence is produced in order to prove a particular fact, the court will always examine the trustworthiness of that evidence and for that purpose the process of cross examination, examination by court under section 165 etc. will be conducted.

This is about reliability of evidence.

• Once a fact has been proved, the question of reliability of that fact also will arise, as to how much that fact can be relied upon to decide the case.
• What role that particular fact will play in deciding case, if one talks about reliability of fact, the issue is that how much will the court depend upon fact to decide the case.
• The evidence Act does not lay down any provision regarding the reliability of evidence or reliability of facts rather, it is matter of judicial discretion.

Download | Free PDF

Sharing is caring!