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Showing posts from September, 2024

Identification Parade

                Identification Parade     Ø What is Test Identification Parade A test identification parade, is a procedure commonly used in criminal cases to identify the accused in a court of law. Witnesses play a crucial role in this process as it’s their responsibility to recognize the accused among a group of individuals presented in the parade. The main purpose of this procedure is to assess whether the witness can accurately identify the accused from a group of people. This helps establish the witness’s reliability in identifying an unknown person in relation to the context of the crime. Law enforcement frequently employs this method to verify the witness’s credibility, especially in cases where the witness has never encountered the accused except at the crime scene. Ø Purpose of Test Identification Parade In the case of Ramkishan vs Bombay State [AIR 1955 SC 104], it was established that, during the investigation o...

Res Gestae under Section 6 of Indian Evidence Act, 1872

  Ø Res Gestae under Section 6 of Indian Evidence Act, 1872 “Walking on the edges of the footpath, you hear a screeching voice of a woman, turn to the left and exclaim in shock “oh my god, someone help” when you witness her being robbed off by a gang of four men. Will your statement be admissible in the eyes of law?” Facts, not a part of the main issue, which are supplementary and is so connected to the issue that it forms part of the same transaction is called Res Gestae. These facts ought to be contemporaneous in nature so as to be admissible by the court under Section 6 of the Indian Evidence Act . In layman’s terms, the facts which surround the fact in issue and have happened immediately before or after the ‘act’ has been done are admissible under this doctrine. If any of the facts are remotely connected to the main act, they wouldn’t be admissible in a court of law. Ø Definition of Res Gestae Res Gestae has been derived from Latin words meaning ‘’things done’’. It ...