Friday, July 17, 2020

Circumstantial Evidence

It is a kind of derived evidence, that can be gained from sources seen as secondary. For example, a copy of a document or a record in a public can be taken as evidence in the absence of the original documents. Another example could be that of the state of things in a particular room, where a crime has taken place. They can be considered when no eye-witness account is available. It is used only in the absence of primary evidence.

In State of Maharastra v. Dr. Praful B. Desai, the Supreme Court held that under Section 3 of the Indian Evidence Act besides Oral and Documentary Evidence, electronic record can also be admitted as the evidence. The court further stated that evidence ruled in criminal matters could be by way of electronic records, which would also include video conferencing.

No comments:

Post a Comment