The Concept of Relevancy, Admissibility and Reliability under Indian Evidence Act, 1872 : An Appraisal

Authors

  • Neeraj Malik Neeraj Malik, (B.A., LL.B., LL.M., UGC-JRF & NET, Research Scholar in Department of Law, Kurukshetra University)Assistant Professor, ChhajuRam Law College, Hisar

Keywords:

Education, features, Act 2009

Abstract

Whenever a civil or a criminal wrong is committed there are so many surrounding circumstances which are also either created after the wrong or at the time of doing the wrong or before the doing of such wrong. In either of these cases there may be some connection between the wrong committed and the said surrounding circumstances. Out of these, some of these facts may have a logical cause and effect relationship with the fact in issue or other similar facts. This characteristic of these facts is what is called logical relevancy. However, to be relevant for the purposes of Evidence Act, it also has to be proved that these facts are related to the fact in issue or other similar facts by one of the methods as provided from Section 6 to 55 of Indian Evidence Act. This is what is called Legal Relevancy. A fact is relevant but not admissible, when that fact is not duly proved. Admissibility means when the court takes judicial notice, where a fact is declared to be relevant under Indian Evidence Act, if duly proved. Admissibility is the character which makes the fact admissible. Admissibility comes at two stages first admissibility of fact and then admissibility of evidence. To prove a fact, evidence is needed and if evidence is admitted by the court then the fact will be admitted automatically because the admitted evidence will prove the fact which is admitted at a initial stage by the court, after this stage of admissibility of fact comes because by the help of the admissibility of evidence, the fact is proved. However, the admissibility of evidence does not automatically result into reliability of evidence i.e. the evidence will be reliable according to the judicial mind of the court, only when the evidence to the satisfaction of the court is able to prove the fact, it will be said to be a reliable piece of evidence. Reliability of the evidence will result into the proof of fact for which the evidence was given.

References

Notification of the Constitution (Eighty-Sixth Amendment) Act , 2002 and Right of Children to Free and Compulsory Education Act , 2009

Notification for appointment of NCTE as academic authority u/s 23 of the RTE Act and of NCERT as the academic authority u/s 29 of the RTE Act.

Right To Education Bill 2005

Reservation in Private Schools under the Right to Education Act

Procedure of Admission in to schools under the RTE

SSA final report on RTE act–2009

Downloads

Published

2017-12-30

How to Cite

Malik, N. (2017). The Concept of Relevancy, Admissibility and Reliability under Indian Evidence Act, 1872 : An Appraisal. Innovative Research Thoughts, 3(7), 106–111. Retrieved from https://irt.shodhsagar.com/index.php/j/article/view/171