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.
Bare Act
When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.
If the fact proposed to be proved is on… Read the complete text with KanoonGPT Pro.
Simplified Act
When either side in a case wants to present evidence about a fact, the Judge can ask them to explain how that fact is relevant to the case. The Judge will allow the evidence if they believe the fact is relevant, otherwise, they will not allow it.
If… Read the complete text with KanoonGPT Pro.
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… Read the complete text with KanoonGPT Pro.
