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Indian Realty Laws ยป FAQs » Indian Evidence Act


FAQs - Indian Evidence Act

Q1. What is a fact?

Ans - In legal terms, 'fact' means - "Anything, state of things or relation of things perceived by senses".


Q2. Can writing be accepted as a document?

Ans -Yes, as per the provisions of the Indian Evidence Act, the following can be accepted as documents:

- Anything in writing.
- Words printed or photographed.
- Any map/Any plan
- Any inscription in a metal plate

Q3. What is a difference between oral evidence and documentary evidence?

Ans - For the purpose of the inquiry of the facts, all the statements that are required to be presented in person before the Court are accepted as oral evidence, whereas, documents produced in front of the Court for the purpose of verification are called documentary evidence.


Q4. Do the evidence from a child witness forms the basis of conviction?

Ans -Yes, as per the provisions of Section 118 of the Indian Evidence Act, evidence from a child witness, in the absence of any oath, can form the basis of conviction. The only condition being that such a witness is able to understand the answers.

Q5. Are electronic records taken as Evidence?

Ans - Yes, according to the amendments made to the Act, the term "Evidence" also includes "electronic records," along with oral and documentary evidence.


Q6. What is the significance of admitting admissions?

Ans - Admissions are admitted because the behavior of the party that is inconsistent with the fact of the preceding argument is a fact relevant to the issue.

Q7. Can the electronic records be submitted orally?

Ans - Yes, the section 22A of Indian Evidence Act enables oral admission of the content of electronic record to be made, provided, if there lays any doubt regarding the authenticity of the record.

Q8. Can the business accounts made in electronic form accepted as evidence?

Ans - Yes, the business firms maintaining their accounts in due course of business can present their accounts as evidence. Additional evidence to support the facts are required.




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