WELCOME TO LEGAL HELP LAW
You are welcome once, your own website, today we will talk about section 3 and 4 of the Indian evidence Act. What is it? It gives citizens rights to cones.
What is section 7 and 8 of evidence act. -
.jpg "what is section 7 and 8 of indian evidence act 1872.")
7. Facts which are the occasion, cause or effect of facts in issue. ––
Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.
explantion
7. Facts which are the occasion, cause or effect of facts in issue. --
Facts which are the occasion, cause or effect, immediate or otherwise, of (clearly connected or related) facts, or facts in issue, or which make up the state of things under which they happened, or which afforded an opportunity for their event or transaction, are (clearly connected or related).
Drawings/pictures
(a) The question is, whether A robbed B.
The facts that, shortly before the (crime of taking things by force), B went to a fair with money in his possession, and that he showed it, or talked about/said the fact that he had it, to third people, are (clearly connected or related).
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was committed, are (clearly connected or related) facts.
(c) The question is, whether A poisoned B. The state of B's health before the signs of sickness credited to poison, and habits of B, known to A, which afforded an opportunity for the management of poison, are (clearly connected or related) facts.
8. Motive, preparation and previous or subsequent conduct. ––
Any fact is relevant which shows
or constitutes a motive or preparation for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such
suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any
person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences
or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1. –– The word “conduct” in this section does not include statements, unless those
statements accompany and explain acts other than statements; but this explanation is not to affect the
relevancy of statements under any other section of this Act.
Explanation 2. –– When the conduct of any person is relevant, any statement made to him or in his
presence and hearing, which affects such conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort
money from A by threatening to make his knowledge public, are relevant.
explantion -
8. Reason (for doing something), preparation and previous or later conduct. --
Any fact is (clearly connected or related) which shows or makes up a reason (for doing something) or preparation for any fact in issue or (clearly connected or related) fact.
The conduct of any party, or of any agent to any party, to any suit or going ahead/moving forward, in reference to such suit or going ahead/moving forward, or in reference to any fact in issue (in there/within that) or (clearly connected or related) thereto, and the conduct of any person an offence against whom is the subject of any going ahead/moving forward, is (clearly connected or related), if such conduct influences or is influenced by any fact in issue or (clearly connected or related) fact, and whether it was previous or later thereto.
Explanation 1. -
Any fact is (clearly connected or related) which shows or makes up a reason (for doing something) or preparation for any fact in issue or (clearly connected or related) fact.
The conduct of any party, or of any agent to any party, to any suit or going ahead/moving forward, in reference to such suit or going ahead/moving forward, or in reference to any fact in issue (in there/within that) or (clearly connected or related) thereto, and the conduct of any person an offence against whom is the subject of any going ahead/moving forward, is (clearly connected or related), if such conduct influences or is influenced by any fact in issue or (clearly connected or related) fact, and whether it was previous or later thereto.
Explanation 1. -
- The word "conduct" in this section does not include statements, unless those statements go with and explain acts other than statements; but this explanation is not to affect the (quality of being connected or related to something) of statements under any other section of this Act.
Explanation 2. --
Explanation 2. --
When the conduct of any person is (clearly connected or related), any statement made to him or in his presence and hearing, which affects such conduct, is (clearly connected or related).
Drawings/pictures-
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to steal (by threatening) money from A by threatening to make his knowledge public, are (clearly connected or related).
(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
Drawings/pictures-
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to steal (by threatening) money from A by threatening to make his knowledge public, are (clearly connected or related).
(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
The fact that, at the time when the bond was alleged to be made, B required money for a particular
purpose, is relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B,
is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the
provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he
caused drafts of other wills to be prepared, of which he did not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which
would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or
concealed evidence, or prevented the presence or procured the absence of persons who might have been
witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence –– “the police are coming to look for the
man who robbed B,” and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing–– “I
advise you not to trust A, for he owes B 10,000 rupees,” and that A went away without making any
answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded, after receiving a letter warning him that inquiry was being made for the
criminal, and the contents of the letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of
property or the proceeds of property acquired by the crime, or attempted to conceal things which were or
might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the
circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as
conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1),
or as corroborative evidence under section 157.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the
circumstances under which, and the terms in which, the complaint was made, are relevant
The fact that he said he had been robbed, without making any complaint, is not relevant as conduct
under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as
corroborative evidence under section 157.
explanation -
(b) A sues B upon a bond for the payment of money, B denies the making of the bond.
The fact that, at the time when the bond was possible to be made, B needed/demanded money for a particular purpose, is (clearly connected or related).
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A got/obtained poison almost the same as that which was given to B, is (clearly connected or related).
(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the possible will, A made question (or investigation) into matters to which the (legal rules/food and supplies) of the possible will relate; that he talked to vakils in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are (clearly connected or related).
(e) A is (charged with a crime) of a crime.
The facts that, either before, or at the time of, or after the possible crime, A gave/given (event(s) or object(s) that prove something) which would tend to give to the facts of the case an appearance good/willing to himself, or that he destroyed or hid (event(s) or object(s) that prove something), or prevented the presence or got/obtained the (not being there; not being present) of people who might have been witnesses, or bribed/encouraged (to commit a crime) people to give false (event(s) or object(s) that prove something) respecting it, are (clearly connected or related).
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A's presence -- "the police are coming to look for the man who robbed B," and that immediately later/after that A ran away, are (clearly connected or related).
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A's presence and hearing-- "I advise you not to trust A, for he owes B 10,000 rupees," and that A went away without making any answer, are (clearly connected or related) facts.
(h) The question is, whether A did/done/performed a crime.
The fact that, at the time when the bond was possible to be made, B needed/demanded money for a particular purpose, is (clearly connected or related).
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A got/obtained poison almost the same as that which was given to B, is (clearly connected or related).
(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the possible will, A made question (or investigation) into matters to which the (legal rules/food and supplies) of the possible will relate; that he talked to vakils in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are (clearly connected or related).
(e) A is (charged with a crime) of a crime.
The facts that, either before, or at the time of, or after the possible crime, A gave/given (event(s) or object(s) that prove something) which would tend to give to the facts of the case an appearance good/willing to himself, or that he destroyed or hid (event(s) or object(s) that prove something), or prevented the presence or got/obtained the (not being there; not being present) of people who might have been witnesses, or bribed/encouraged (to commit a crime) people to give false (event(s) or object(s) that prove something) respecting it, are (clearly connected or related).
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A's presence -- "the police are coming to look for the man who robbed B," and that immediately later/after that A ran away, are (clearly connected or related).
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A's presence and hearing-- "I advise you not to trust A, for he owes B 10,000 rupees," and that A went away without making any answer, are (clearly connected or related) facts.
(h) The question is, whether A did/done/performed a crime.
The fact that A ran away, after receiving a letter warning him that question (or investigation) was being made for the criminal, and the contents of the letter, are (clearly connected or related).
(i) A is (charged with a crime) of a crime.
The facts that, after the commission of the possible crime, he ran away, or had property or the money/the profit of property bought/owned/received by the crime, or tried to hide things which were or might have been used in committing it, are (clearly connected or related).
(j) The question is, whether A was (filled with emotion/forcefully carried off).
The facts that, shortly after the possible rape, she made a complaint relating to the crime, the facts or conditions (that surround someone) under which, and the terms in which, the complaint was made, are (clearly connected or related). The fact that, without making a complaint, she said that she had been (filled with emotion/forcefully carried off) is not (clearly connected or related) as conduct under this section, though it may be (clearly connected or related) as a dying (official, public statement/document with such a statement) under section 32, clause (1), or as supporting (event(s) or object(s) that prove something) under section 157.
(k) The question is, whether A was robbed. The fact that, soon after the possible (crime of taking things by force), he made a complaint relating to the offence, the facts or conditions (that surround someone) under which, and the terms in which, the complaint was made, are (clearly connected or related)
The fact that he said he had been robbed, without making any complaint, is not (clearly connected or related) as conduct under this section, though it may be (clearly connected or related) as a dying (official, public statement/document with such a statement) under section
(i) A is (charged with a crime) of a crime.
The facts that, after the commission of the possible crime, he ran away, or had property or the money/the profit of property bought/owned/received by the crime, or tried to hide things which were or might have been used in committing it, are (clearly connected or related).
(j) The question is, whether A was (filled with emotion/forcefully carried off).
The facts that, shortly after the possible rape, she made a complaint relating to the crime, the facts or conditions (that surround someone) under which, and the terms in which, the complaint was made, are (clearly connected or related). The fact that, without making a complaint, she said that she had been (filled with emotion/forcefully carried off) is not (clearly connected or related) as conduct under this section, though it may be (clearly connected or related) as a dying (official, public statement/document with such a statement) under section 32, clause (1), or as supporting (event(s) or object(s) that prove something) under section 157.
(k) The question is, whether A was robbed. The fact that, soon after the possible (crime of taking things by force), he made a complaint relating to the offence, the facts or conditions (that surround someone) under which, and the terms in which, the complaint was made, are (clearly connected or related)
The fact that he said he had been robbed, without making any complaint, is not (clearly connected or related) as conduct under this section, though it may be (clearly connected or related) as a dying (official, public statement/document with such a statement) under section
32, clause (1), or as supporting (event(s) or object(s) that prove something) under section 157.
0 Comments