New Criminal Laws Edition Aug.2023

New Criminal Laws (Bharat Publication) Edition Aug.2023

“Stay up-to-date with the latest changes in criminal laws with ‘New Criminal Laws’ (August 2023 Edition) from Bharat Publication. Your essential resource for understanding the latest legal developments.”

Bharat New Criminal Laws Edition August 2023
PART I
CHAPTER I PRELIMINARY
(1) Short title, application and commencement
(2) Definitions
PART II / CHAPTER II
(RELEVANCY OF FACTS)
(3) Evidence may be given of facts in issue and relevant facts
(Closely connected facts)
(4) Relevancy of facts forming part of same transaction
(5)Facts which are the occasion, cause or effect of facts in issue or relevant facts
(6) Motive, preparation and previous or subsequent conduct
(7) Facts necessary to explain or introduce fact in issue or relevant facts
(8) Things said, done by conspirator in reference to common design
(9) When facts not otherwise relevant become relevant
(10) Facts tending to enable Court to determine amount are relevant in suits for damages
(11) Facts relevant when right or custom is in question
(12) Facts showing existence of state of mind, or of body of bodily feeling
(13) Facts bearing on question whether act was accidental or intentional
(14) Existence of course of business when relevant
—-Admissions—-
(15) Admission defined
(16) Admission by party to proceeding or his agent
(17) Admissions by persons whose position must be proved as against party to suit
(18) Admissions by persons expressly referred to by party to suit
(19)Proof of admissions against persons making them, and by or on their behalf
(20) When oral admissions as to contents of documents are relevant
(21 Admissions in civil cases when relevant
(22) Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
(23) Confession to police officer
(24) Consideration of proved confession affecting person making it and others jointly under trial for same offence
(25) Admissions not conclusive proof, but may estop
—–Statements by persons who cannot be called as witnesses—-
(26) Cases in which statement of facts in issue or relevant fact by person who is dead or cannot be found, etc., is relevant
(27) Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
—-Statements made under special circumstances—-
(28) Entries in books of account when relevant
(29) Relevancy of entry in public record or an electronic record made in performance of duty
(30) Relevancy of statements in maps, charts and plans
(31) Relevancy of statement as to fact of public nature contained in certain Acts or notifications
(32) Relevancy of statements as to any law contained in law books including electronic or digital form
(33) What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
——–Judgments of Courts when relevant——–
(34) Previous judgments relevant to bar a second suit or trial
(35) Relevancy of certain judgments in probate, etc., jurisdiction
(36) Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
(37) Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
(38) Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
——–Opinions of third persons when relevant——–
(39) Opinions of experts
(40) Facts bearing upon opinions of experts
(41) Opinion as to hand-writing and digital signature, when relevant
(42) Opinion as to existence of general custom or right, when relevant
(43) Opinion as to usages, tenets, etc., when relevant
(44) Opinion on relationship, when relevant
(45) Grounds of opinion, when relevant
———Character when relevant———-
(46) In civil cases character to prove conduct imputed, irrelevant
(47) In criminal cases previous good character relevant
(48) Evidence of character or previous sexual experience not relevant in certain cases
(49) Previous bad character not relevant, except in reply
(50) Character as affecting damages
————PART III ON PROOF
———–CHAPTER III FACTS WHICH NEED NOT BE PROVED———
(51) Fact judicially noticeable need not be proved
(52) Facts of which Court shall take judicial notice
(53) Facts admitted need not be proved
——–CHAPTER IV OF ORAL EVIDENCE
(54) Proof of facts by oral evidence
(55) Oral evidence to be direct
———–CHAPTER V OF DOCUMENTARY EVIDENCE———-
(56) Proof of contents of documents
(57) Primary evidence
(58) Secondary evidence
(59) Proof of documents by primary evidence
(60) Cases in which secondary evidence relating to documents may be given
(61) Admissibility of electronic or digital record
(62) Special provisions as to evidence relating to electronic record
(63) Admissibility of electronic records
(64) Rules as to notice to produce
(65) Proof of signature and handwriting of person alleged to have signed or written document produced
(66)Proof as to electronic signature
(67) Proof of execution of document required by law to be attested
(68) Proof where no attesting witness found
(69) Admission of execution by party to attested document
(70) Proof when attesting witness denies the execution
(71) Proof of document not required by law to be attested
(72) Comparison of signature, writing or seal with others admitted or proved
(73) Proof as to verification of digital signature
———–Public documents————
(74) Public and private documents
(75) Certified copies of public documents
(76) Proof of documents by production of certified copies
(77) Proof of other official documents
———Presumptions as to documents———–
(78) Presumption as to genuineness of certified copies
(79) Presumption as to documents produced as record of evidence, etc.
(80) Presumption as to Gazettes, newspapers, and other documents
(81) Presumption as to Gazettes in electronic or digital record
(82) Presumption as to maps or plans made by authority of Government
(83) Presumption as to collections of laws and reports of decisions
(84) Presumption as to powers-of-attorney
(85) Presumption as to electronic agreements
(86) Presumption as to electronic records and electronic signatures
(87) Presumption as to Electronic Signature Certificates
(88) Presumption as to certified copies of foreign judicial records
(89) Presumption as to books, maps and charts
(90) Presumption as to electronic messages
(91) Presumption as to due execution, etc., of documents not produced