Section 136 of IEA : Section 136: Judge to decide as to admissibility of evidence.

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Explanation using Example

Example 1:

Scenario: A murder trial where the prosecution wants to introduce a dying declaration as evidence.

Context: The prosecution claims that the victim, before dying, made a statement identifying the accused as the attacker. This statement is considered relevant under Section 32 of the Indian Evidence Act, which deals with statements made by persons who are dead.

Application of Section 136:

• The Judge asks the prosecution to prove that the victim is indeed dead before allowing the dying declaration to be admitted as evidence.
• The prosecution presents the death certificate and testimony from the attending doctor to establish the death of the victim.
• Satisfied with the proof of death, the Judge admits the dying declaration as evidence.

Example 2:

Scenario: A civil case involving a disputed property where one party wants to introduce a photocopy of a lost property deed.

Context: The plaintiff claims that the original property deed has been lost and wants to submit a photocopy as evidence to prove ownership.

Application of Section 136:

• The Judge asks the plaintiff to prove that the original deed is indeed lost before allowing the photocopy to be admitted as evidence.
• The plaintiff provides testimony and an affidavit stating the circumstances under which the original deed was lost, along with a police report filed for the lost document.
• Satisfied with the proof of t...

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