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Fairness to the Accused with respect to the Indian Evidence Act, 1872

April 17, 2011

The Adversarial System is a fundamental principle of Criminal Jurisprudence. It is based on the precinct that through a process of fair hearing and adducing of evidence, the truth of the matter will eventually emerge. It inculcates that the accused should be presumed innocent until proved otherwise and for this the burden of proof should [...]

A Time to reconsider Section 112 of the Indian Evidence Act

April 12, 2011

The conclusive proof of legitimacy of a child born during the continuance of a valid marriage is significantly analysed under section 112 of the Evidence Act and is based on the maxim pater est quem numtioe demonstrant, meaning thereby “the father is he, whom the nuptials indicate”. It says that the fact that a person [...]