Evidence Law

Admissibility of Electronic Evidence: A Pandora’s Box

By | November 21st, 2020|Access to Justice, Criminal Law, Evidence Law, Supreme Court of India|

Editor's Note: In this post, the authors analyze the discordant views put forward by the Supreme Court concerning the admissibility of electronic evidence. The authors argue that the position finally adopted is neither tenable nor consistent and there is a need to reconsider the same. The digital revolution and the development in the information technology [...]

Relooking at Section 65B of the Indian Evidence Act

By | August 31st, 2020|Adjudication and Judicial Process, Civil Procedure, Evidence Law, Proving Cases|

Editor’s Note: In this post, Padmini Subhashree* points out several discrepancies in Section 65B of the Indian Evidence Act dealing with electronic evidence, and highlights the need to have a re-look at this Section in today’s technology age. The entire system of justice delivery runs point on the presumption of making decisions where the ‘proof’ [...]

Towards Truth as the Only Goal (III of III)

By | April 28th, 2019|Access to Justice, Adjudication and Judicial Process, Article 20, Bar Council of India Rules, Evidence Law, Professional Ethics|

Editor’s Note: In the final part of his series on truth as the normative goal of the judiciary, Justice K. Kannan analyses three systemic hurdles in securing truth – the Fundamental Right against self-incrimination, privileged communications and professional ethics. He ends his three-part series with a noteworthy message to all members of the legal community, [...]

Towards Truth as the Only Goal (II of III)

By | April 13th, 2019|Adjudication and Judicial Process, Criminal Law, Evidence Law, Success in Litigation, Tricks of the Trade|

In the second part of his three-part series on truth as the normative goal of judicial process, Justice K. Kannan looks at two tools used in a trial to arrive at the truth – the casting of the burden of proof and cross-examination. He comments on the efficacy of raising certain presumptions in the trial [...]

Towards Truth as the Only Goal (I of III)

By | September 26th, 2018|Adjudication and Judicial Process, Criminal Law, Evidence Law, Judicial Ethics, Philosophising Litigation, Professional Ethics, Proving Cases, Tricks of the Trade|

This is the first part of Justice K. Kannan's three-part series 'Towards Truth as the Only Goal'. In a set of three articles, he shall analyse the function of the judicial process of arriving at the normative goal of truth. In this first article, he argues that while essentially all litigations are always exercises to [...]