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

The Indian Evidence Act, 1872

ARRANGEMENT OF SECTIONS

PART III: PRODUCTION AND EFFECT OF EVIDENCE

CHAPTER X: - OF THE EXAMINATION OF WITNESSES

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

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Explanation using examples

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 adm
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