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 [...]

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 [...]