⚖ 100 ONE-LINE EVIDENCE RATIOS (VIVA MASTER SHEET)
🔹 GENERAL PRINCIPLES
-
Evidence must relate to facts in issue or relevant facts (Sec 5).
-
Suspicion, however strong, cannot replace proof.
-
Prosecution must prove guilt beyond reasonable doubt.
-
Benefit of doubt must go to the accused.
-
Burden of proof lies on the party who asserts (Sec 101).
-
Burden never shifts in criminal cases except statutory presumptions.
-
Motive is relevant but not indispensable in direct evidence cases.
-
Motive gains importance in circumstantial evidence cases.
-
Facts forming part of same transaction are admissible (Res Gestae).
-
Conspiracy statements admissible after prima facie proof of conspiracy.
🔹 ADMISSIONS & CONFESSIONS
-
Admission is substantive evidence against maker.
-
Confession must be voluntary to be admissible.
-
Confession to police officer is inadmissible (Sec 25).
-
Confession in police custody inadmissible unless discovery (Sec 26–27).
-
Only discovery portion of confession admissible (Sec 27).
-
Retracted confession requires corroboration.
-
Extra-judicial confession can sustain conviction if credible.
-
Confession must be read as a whole.
-
Admission not conclusive proof but may operate as estoppel.
-
Confession of co-accused is weak evidence (Sec 30).
🔹 DYING DECLARATION
-
Dying declaration can be sole basis of conviction.
-
Doctor certification of fitness is desirable, not mandatory.
-
Multiple dying declarations must be consistent.
-
Dying declaration need not be in question-answer form.
-
If suspicious, dying declaration needs corroboration.
🔹 WITNESSES
-
No particular number of witnesses required (Sec 134).
-
Conviction can be based on sole reliable witness.
-
Testimony of hostile witness not wholly rejected.
-
Child witness competent if understands questions.
-
Related witness evidence not automatically unreliable.
-
Injured witness testimony carries great weight.
-
Chance witness evidence requires careful scrutiny.
-
Accomplice evidence needs corroboration as rule of prudence.
-
Interested witness evidence requires cautious evaluation.
-
Omission in statement may amount to contradiction if material.
🔹 CIRCUMSTANTIAL EVIDENCE
-
Chain of circumstances must be complete.
-
Circumstances must exclude every hypothesis except guilt.
-
Each link must be proved beyond reasonable doubt.
-
False defence may provide additional link.
-
Suspicion cannot fill gaps in chain.
🔹 DOCUMENTARY EVIDENCE
-
Primary evidence is best evidence (Sec 62).
-
Secondary evidence admissible only after foundational proof.
-
Photocopy not admissible unless loss of original proved.
-
Execution of document must be proved by attesting witness if required (Sec 68).
-
Registered document carries presumption of genuineness.
🔹 ELECTRONIC EVIDENCE
-
Electronic evidence requires 65B certificate.
-
65B certificate mandatory unless original device produced.
-
Objection to 65B must be taken at trial stage.
-
Call detail records require proper certification.
-
CCTV footage admissible with compliance of 65B.
🔹 PRESUMPTIONS
-
Court may presume under Sec 114 based on common course of events.
-
Presumption of innocence is human right.
-
Dowry death presumption arises only after foundational facts.
-
Presumption under NI Act is mandatory unless rebutted.
-
Presumption cannot replace proof of basic facts.
-
Accused can rebut presumption by preponderance of probability.
-
Reverse burden clauses must be strictly construed.
-
Presumption of legitimacy under Sec 112 is strong but rebuttable.
-
Adverse inference may be drawn for withholding best evidence.
-
Failure to explain incriminating circumstances may strengthen prosecution.
🔹 BURDEN OF PROOF
-
Initial burden lies on prosecution.
-
Standard is proof beyond reasonable doubt.
-
Accused’s burden is only preponderance of probabilities.
-
Alibi must be proved by accused (Sec 103).
-
Plea of private defence must be probabilised by accused.
🔹 IDENTIFICATION
-
TIP is corroborative, not substantive evidence.
-
Dock identification is substantive evidence.
-
Failure to hold TIP not always fatal.
-
Identification in poor lighting requires caution.
-
Long delay in TIP reduces evidentiary value.
🔹 HOSTILE & CONTRADICTIONS
-
Prior statement used only for contradiction (Sec 145).
-
Police statement not substantive evidence.
-
Material contradiction affects credibility.
-
Minor discrepancies ignored.
-
Improvements weaken prosecution case.
🔹 EXPERT EVIDENCE
-
Expert opinion is advisory, not binding.
-
Medical evidence is corroborative.
-
Ocular evidence prevails over medical unless totally inconsistent.
-
Handwriting expert opinion requires corroboration.
-
DNA evidence has high probative value.
🔹 ESTOPPEL
-
Estoppel prevents denial of earlier representation.
-
Estoppel does not apply against statute.
-
There is no estoppel against law.
🔹 CHARACTER EVIDENCE
-
Bad character irrelevant unless accused puts character in issue.
-
Previous conviction relevant in sentencing.
-
Similar fact evidence admissible in limited cases.
🔹 HOMICIDE & MEDICAL JURISPRUDENCE
-
Medical opinion cannot override trustworthy ocular evidence.
-
Absence of motive not fatal in direct evidence cases.
-
Recovery at instance strengthens prosecution if properly proved.
-
Last seen theory requires proximity of time.
🔹 GENERAL TRIAL PRINCIPLES
-
Falsus in uno not applicable in India.
-
Prosecution must stand on its own legs.
-
Accused entitled to silence.
-
Statement under Sec 313 not evidence but may be considered.
-
Failure to cross-examine implies acceptance.
-
Evidence must be appreciated as a whole.
-
Minor lapses in investigation not fatal.
-
Benefit of doubt must be reasonable, not imaginary.
-
Probability must be distinguished from possibility.
-
Justice requires proof, not conjecture.