Importance Of S 118 In Evidence Act
Aug 05, 2018 Competency of Witness- U/S 118-120 ( Indian Evidence Act, 1872) List of Cases 1) Dhani v. State( 1999) CrLJ 2712(2714) Orrisa 2) Nivurati Pandurang Kkati V. Skip navigation.
The current article deals with the topic Motive, Preparation and Previousor Subsequent Conduct which finds specific reference in Indian EvidenceAct of 1872 (hereinafter referred to as the Act). From the phrase Motive,Preparation and Previous or Subsequent Conduct, it becomes apparent thatthis phrase is made up of certain segments like Motive, Preparation,Previous and Subsequent conduct. It is thus necessary to ensure that eachof these parts have been separately dealt upon and efforts have been madeto establish their interrelation along with their significance as beingrelevant evidence under the act.
Evidence Act 1995No. 2, 1995Compilation No. 30Compilation date: 1 May 2016Includes amendments up to: Act No. 31, 2016Registered: 8 June 2016About this compilationThis compilationThis is a compilation of the Evidence Act 1995 that shows the text of the law as amended and in force on 1 May 2016 (the compilation date).The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.Uncommenced amendmentsThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes.
ContentsChapter 1—Preliminary 1Part 1.1—Formal matters 21. Short title. 2Part 1.2—Application of this Act 34. Courts and proceedings to which Act applies.
Extended application of certain provisions. Act binds Crown. Operation of other Acts etc. Application of the Criminal Code. Effect of Act on other laws. Parliamentary privilege preserved.
General powers of a court. 7Chapter 2—Adducing evidence 8Part 2.1—Witnesses 8Division 1—Competence and compellability of witnesses 812. Competence and compellability. Competence: lack of capacity. Compellability: reduced capacity. Compellability: Sovereign and others. Competence and compellability: judges and jurors.
Competence and compellability: defendants in criminal proceedings 1118. Compellability of spouses and others in criminal proceedings generally 1120. Comment on failure to give evidence. 13Division 2—Oaths and affirmations 1421.
Sworn evidence of witnesses to be on oath or affirmation 1422. Interpreters to act on oath or affirmation. Choice of oath or affirmation.
Requirements for oaths. 15Division 3—General rules about giving evidence 1626.
Court’s control over questioning of witnesses. Parties may question witnesses. Order of examination in chief, cross‑examination and re‑examination 1629. Manner and form of questioning witnesses and their responses 1630. Witnesses who cannot hear adequately or speak adequately 1732.
Attempts to revive memory in court. Evidence given by police officers. Attempts to revive memory out of court. Effect of calling for production of documents. Person may be examined without subpoena or other process 19Division 4—Examination in chief and re‑examination 2037. Leading questions. Unfavourable witnesses.
Limits on re‑examination. 22Division 5—Cross‑examination 2340. Witness called in error.
Improper questions. Leading questions. Prior inconsistent statements of witnesses. Previous representations of other persons. Production of documents. Leave to recall witnesses. 27Part 2.2—Documents 2847.
Proof of contents of documents. Documents in foreign countries. Proof of voluminous or complex documents.
Original document rule abolished. 31Part 2.3—Other evidence 3252. Adducing of other evidence not affected. Views to be evidence. 33Chapter 3—Admissibility of evidence 34Part 3.1—Relevance 3655. Relevant evidence.
Relevant evidence to be admissible. Provisional relevance.
Inferences as to relevance. 37Part 3.2—Hearsay 38Division 1—The hearsay rule 3859. The hearsay rule—exclusion of hearsay evidence. Exception: evidence relevant for a non‑hearsay purpose. Exceptions to the hearsay rule dependent on competency. 40Division 2—First‑hand hearsay 4162.
Restriction to “first‑hand” hearsay. Exception: civil proceedings if maker not available. Exception: civil proceedings if maker available. Exception: criminal proceedings if maker not available. Exception: criminal proceedings if maker available. Exception: contemporaneous statements about a person’s health etc. Notice to be given.
Objections to tender of hearsay evidence in civil proceedings if maker available 47Division 3—Other exceptions to the hearsay rule 4869. Exception: business records.
Exception: contents of tags, labels and writing. Exception: electronic communications. Exception: Aboriginal and Torres Strait Islander traditional laws and customs 5073. Exception: reputation as to relationships and age. Exception: reputation of public or general rights. Exception: interlocutory proceedings.
51Part 3.3—Opinion 5276. The opinion rule. Exception: evidence relevant otherwise than as opinion evidence 5378. Exception: lay opinions.
Exception: Aboriginal and Torres Strait Islander traditional laws and customs 5379. Exception: opinions based on specialised knowledge. Ultimate issue and common knowledge rules abolished. 54Part 3.4—Admissions 5581. Hearsay and opinion rules: exception for admissions and related representations 5582. Exclusion of evidence of admissions that is not first‑hand 5583.
Exclusion of evidence of admissions as against third parties 5684. Exclusion of admissions influenced by violence and certain other conduct 5685. Criminal proceedings: reliability of admissions by defendants 5686. Exclusion of records of oral questioning. Admissions made with authority.
Proof of admissions. Evidence of silence. Discretion to exclude admissions. 59Part 3.5—Evidence of judgments and convictions 6091. Exclusion of evidence of judgments and convictions.
61Part 3.6—Tendency and coincidence 6294. Use of evidence for other purposes. Failure to act. The tendency rule. The coincidence rule. Requirements for notices. Court may dispense with notice requirements. Gta 4 gun mods xbox one.
Further restrictions on tendency evidence and coincidence evidence adduced by prosecution 65Part 3.7—Credibility 66Division 1—Credibility evidence 66101A. Credibility evidence. 66Division 2—Credibility of witnesses 67102. The credibility rule. Exception: cross‑examination as to credibility.
Further protections: cross‑examination of accused. Exception: rebutting denials by other evidence. Exception: re‑establishing credibility. 69Division 3—Credibility of persons who are not witnesses 70108A. Admissibility of evidence of credibility of person who has made a previous representation 70108B.
Further protections: previous representations of an accused who is not a witness 70Division 4—Persons with specialised knowledge 72108C. Exception: evidence of persons with specialised knowledge 72Part 3.8—Character 73109.
Evidence about character of accused persons. Evidence about character of co‑accused. Leave required to cross‑examine about character of accused or co‑accused 74Part 3.9—Identification evidence 75113. Application of Part. Exclusion of visual identification evidence. Exclusion of evidence of identification by pictures.
Directions to jury. 78Part 3.10—Privileges 79Division 1—Client legal privilege 79117. Legal advice. Unrepresented parties. Loss of client legal privilege: generally. Loss of client legal privilege: consent and related matters. Loss of client legal privilege: defendants.
Loss of client legal privilege: joint clients. Loss of client legal privilege: misconduct. Loss of client legal privilege: related communications and documents 85Division 1C—Journalist privilege 86126J. Journalist privilege relating to identity of informant. 86Division 2—Other privileges 88127.
Religious confessions. Privilege in respect of self‑incrimination in other proceedings 88128A. Privilege in respect of self‑incrimination—exception for certain orders etc 91Division 3—Evidence excluded in the public interest 94129. Exclusion of evidence of reasons for judicial etc. Decisions 94130.
Exclusion of evidence of matters of state. Exclusion of evidence of settlement negotiations. 96Division 4—General 99131A.
Extended application of Division 1C. Extended application of Division 1C etc. To all proceedings for Commonwealth offences 99132. Court to inform of rights to make applications and objections 100133. Court may inspect etc. Inadmissibility of evidence that must not be adduced or given 100Part 3.11—Discretionary and mandatory exclusions 101135. General discretion to exclude evidence.
General discretion to limit use of evidence. Exclusion of prejudicial evidence in criminal proceedings 101138. Discretion to exclude improperly or illegally obtained evidence 101139. Cautioning of persons.
102Chapter 4—Proof 105Part 4.1—Standard of proof 105140. Civil proceedings: standard of proof. Criminal proceedings: standard of proof. Admissibility of evidence: standard of proof. 106Part 4.2—Judicial notice 107143. Matters of law.
Matters of common knowledge. Certain Crown certificates.
108Part 4.3—Facilitation of proof 109Division 1—General 109146. Evidence produced by processes, machines and other devices 109147. Documents produced by processes, machines and other devices in the course of business 109148.
Evidence of certain acts of justices, lawyers and notaries public 110149. Attestation of documents. Seals and signatures. Seals of bodies established under State law. Documents produced from proper custody. 112Division 2—Matters of official record 113153.
Gazettes and other official documents. Documents published by authority of Parliaments etc. Evidence of official records. Evidence of Commonwealth documents. Public documents. Public documents relating to court processes.
Evidence of certain public documents. Official statistics.
117Division 3—Matters relating to post and communications 119160. Postal articles. Electronic communications. Lettergrams and telegrams. Proof of letters having been sent by Commonwealth agencies 120Part 4.4—Corroboration 122164. Corroboration requirements abolished. 122Part 4.5—Warnings and information 123165.
Unreliable evidence. Warnings in relation to children’s evidence. Delay in prosecution. 125Part 4.6—Ancillary provisions 126Division 1—Requests to produce documents or call witnesses 126166. Definition of request.
Requests may be made about certain matters. Time limits for making certain requests. Failure or refusal to comply with requests. 128Division 2—Proof of certain matters by affidavits or written statements 130170. Evidence relating to certain matters. Persons who may give such evidence.
Importance Of S 118 In Evidence Act 3
Evidence based on knowledge, belief or information. Notification of other parties.
132Division 3—Foreign law 133174. Evidence of foreign law. Evidence of law reports of foreign countries. Questions of foreign law to be decided by judge. 134Division 4—Procedures for proving other matters 135177. Certificates of expert evidence. Convictions, acquittals and other judicial proceedings.
Proof of identity of convicted persons—affidavits by members of State or Territory police forces 137180. Proof of identity of convicted persons—affidavits by AFP employees or special members of the Australian Federal Police. Proof of service of statutory notifications, notices, orders and directions 138Chapter 5—Miscellaneous 139182. Application of certain sections in relation to Commonwealth records, postal articles sent by Commonwealth agencies and certain Commonwealth documents. Accused may admit matters and give consents. Faith and credit to be given to documents properly authenticated 141186.
Swearing of affidavits before justices of the peace, notaries public and lawyers 141187. Abolition of the privilege against self‑incrimination for bodies corporate 142188. Impounding documents. The voir dire. Waiver of rules of evidence. Agreements as to facts.
Leave, permission or direction may be given on terms. Advance rulings and findings. Additional powers. Prohibited question not to be published. 148Schedule—Oaths and Affirmations 149Dictionary 150Part 1—Definitions 150Part 2—Other Expressions 1611. References to businesses.
References to examination in chief, cross‑examination and re‑examination 1613. References to civil penalties. Unavailability of persons. Unavailability of documents and things. Representations in documents.
References to documents. References to offices etc. References to laws. References to children and parents. References to de facto partners.
Importance Of S 118 In Evidence Act 1
165Endnotes 167Endnote 1—About the endnotes 167Endnote 2—Abbreviation key 169Endnote 3—Legislation history 170Endnote 4—Amendment history 174. An Act about the law of evidence, and for related purposesINTRODUCTORY NOTEOutline of this ActThis Act sets out the federal rules of evidence.