Evidence Act Archives - Supreme Court of India Judgements

June 12, 2026 1:39 am

Evidence Act, 1872 — Section 133 and Illustration (b) to Section 114 — Accomplice Testimony — Testimony of an approver/accomplice is not illegal merely because it is uncorroborated, but as a rule of prudence, it is unsafe to convict solely on the basis of uncorroborated testimony — Corroboration must be in material particulars and should come from independent sources.

May 31, 2026 sclaw

2026 INSC 598 SUPREME COURT OF INDIA DIVISION BENCH GOPI CHAND @ PAPPU Vs. STATE (NCT OF DELHI) ( Before : Pamidighantam Sri Narasimha and Manoj Misra, JJ. )…

Evidence Act

Evidence Act, 1872 — Section 112 — Presumption of legitimacy — DNA test can be directed to determine paternity only when there is sufficient prima facie material to dislodge the presumption under Section 112.– Section 114(h) — Adverse inference — Not applicable at the stage where the Court is considering the need for a DNA test.

May 31, 2026 sclaw

2026 INSC 600 SUPREME COURT OF INDIA DIVISION BENCH CHATURBHUJ PRADHAN Vs. AMAR PRADHAN AND ANOTHER ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal No…..of…

Evidence Act

Evidence Act, 1872 — Eyewitness testimony vs. Medical evidence — In case of conflict, eyewitness testimony, especially of an injured witness who is found to be reliable and has withstood cross — examination, is generally superior to expert medical opinion formed by an expert witness — Lack of independent witnesses does not automatically compromise the prosecution case, especially when societal realities suggest potential fear or hesitation

Apr 28, 2026 sclaw

2026 INSC 403 SUPREME COURT OF INDIA DIVISION BENCH ADALAT YADAV ETC. Vs. THE STATE OF BIHAR ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal…

Evidence Act

Evidence Act, 1872 — Section 112 — Presumption of legitimacy — Birth during marriage being conclusive proof of legitimacy — While Section 112 raises a conclusive presumption, it is rebuttable — Modern scientific advancements like DNA testing, where conclusive and undisputed, can override this presumption, especially when the child’s legitimacy is not the sole issue and the test is conducted with consent.

Apr 25, 2026 sclaw

2026 INSC 399 SUPREME COURT OF INDIA DIVISION BENCH NIKHAT PARVEEN @ KHUSBOO KHATOON Vs. RAFIQUE@SHILLU ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Criminal Appeal No…

Evidence Act

Evidence Act, 1872 — Section 8 — Conduct of accused leading to discovery of facts — Even if statements leading to discovery are not admissible under Section 27 due to lack of custody, they can be admitted under Section 8 as conduct, serving as a link in the chain of evidence, but cannot alone result in conviction.

Feb 22, 2026 sclaw

2026 INSC 162 SUPREME COURT OF INDIA DIVISION BENCH ROHIT JANGDE Vs. THE STATE OF CHHATTISGARH ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Criminal Appeal No.689…

Evidence Act

Evidence Act, 1872 — Section 118 — Competency of child witness — Effect of delay and tutoring — Although a minor child is competent to testify, the reliability and evidentiary value of testimony given many years after the event, especially when the child has been residing with the complainant’s family (maternal grandparents), is significantly affected by the high possibility of memory distortion and tutoring. (Paras 5, 7, 10.2)

Jan 4, 2026 sclaw

2025 INSC 1475 SUPREME COURT OF INDIA DIVISION BENCH MAYANKKUMAR NATWARLAL KANKANA PATEL AND ANOTHER Vs. STATE OF GUJARAT AND ANOTHER ( Before : Vikram Nath and Augustine George Masih,…

Evidence Act I P C

Criminal Law — Conviction — Circumstantial Evidence — Last Seen Together Theory — Must establish acquaintance between accused and deceased for theory to apply as a circumstance linking chain; mere fact of accused and deceased being in the same vicinity shortly before the crime, without proven acquaintance, is insufficient to propound the ‘last seen together theory’ as a conclusive link, though presence in same vicinity remains a relevant initial fact. (Para 6)

Dec 18, 2025 sclaw

2025 INSC 1449 SUPREME COURT OF INDIA DIVISION BENCH SHAIK SHABUDDIN Vs. STATE OF TELANGANA ( Before : Ahsanuddin Amanullah and K. Vinod Chandran, JJ. ) Criminal Appeal No….of 2025…

Evidence Act

Evidence — Video Conference Deposition — Procedure for Confronting Witness — The Supreme Court clarified and directed that in cases where a witness’s statement is recorded via video conferencing and a previous written statement is to be used for confrontation, a copy of the statement must be transmitted electronically to the witness, and the procedure under Sections 147 and 148 of the Bharatiya Sakshya Adhiniyam (or corresponding sections of the Evidence Act) must be followed to ensure fairness and integrity of the trial. Such directions are issued to avoid procedural irregularities and uphold the principles of fair trial, effective cross-examination, and proper appreciation of evidence.

Nov 23, 2025 sclaw

2025 INSC 1322 SUPREME COURT OF INDIA DIVISION BENCH RAJ KUMAR @ BHEEMA Vs. STATE OF NCT OF DELHI ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

2025 INSC 1187 SUPREME COURT OF INDIA DIVISION BENCH DHARMRAO SHARANAPPA SHABADI AND OTHERS Vs. SYEDA ARIFA PARVEEN ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti, JJ. ) Civil Appeal…

Evidence Act Partition

Family Law — Partition Suit — Evidence — Testimony of a credible witness with special means of knowledge, coupled with presumption of marriage from prolonged cohabitation and absence of rebuttal by the opposing party, is sufficient to establish a valid marital relationship and grant a decree for partition.- Evidence Act, 1872 — Section 50 — Opinion on relationship, when relevant — Testimony of a witness with special means of knowledge of the relationship, including opinion expressed by conduct, is relevant — Witness resided in the same village, had long-standing familiarity, and spoke from personal observation, thus satisfying the requirement of special means of knowledge.

Sep 2, 2025 sclaw

2025 INSC 1038 SUPREME COURT OF INDIA DIVISION BENCH CHOWDAMMA (D) BY LR AND ANOTHER Vs. VENKATAPPA (D) BY LRS AND ANOTHER ( Before : Sanjay Karol and Prashant Kumar…

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C P C

Hindu Minority and Guardianship Act, 1956 — Section 8(3) — Unauthorized alienation of minor’s property — Such alienation is voidable, not void ab initio, and can be challenged by the minor upon attaining majority or by someone claiming under the minor.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Delay in Investigation and Filing of Charge Sheet — Speedy Trial — Right to Speedy Trial and Timely Completion of Investigation are integral parts of Article 21 of the Constitution — Statutory recognition in CrPC for prompt investigation — Investigations should be completed within a reasonable time, not endlessly — Lack of strict timelines in CrPC does not permit indefinite investigations — Inordinate delay without adequate justification warrants intervention by Courts.

Jun 8, 2026 sclaw

Contract Act Mining

Contract Law — Statutory Amendment — Impact on existing contracts — Where a statutory amendment alters a fundamental aspect like royalty rates, a pre-existing contract cannot prevent the application of the amended law, especially when the payment of royalty is linked to the removal or consumption of minerals — [MMDR Act] Applicability of S.9 — Scope — Section 9 applies broadly to all entities engaged in removal/dispatch of minerals, not only direct mining lessees.

Jun 8, 2026 sclaw

Cr P C

Criminal Procedure — Passport — Return/Surrender of Passport — Accused facing serious criminal charges — Right to travel abroad vis-à-vis right to speedy trial — Balance between individual liberty and societal interest — Accused charged with abetment of suicide and criminal conspiracy since 2014, trial still at stage of committal despite lapse of over ten years — Accused, a US citizen, had misused interim protection in prior proceedings to leave the country without Court’s leave — Whether High Court justified in permitting accused to travel abroad on grounds of medical treatment — Held, not justified — High Court indulgent rather than judicially restrained — Medical facilities in India comparable to those abroad — High Court’s revisional order set aside — Accused restrained from travelling abroad without express permission of Sessions Court — Bharatiya Nagarik Suraksha Sanhita, 2023, S. 442 — Constitution of India, Art. 21

Jun 8, 2026 sclaw

Category: Evidence Act

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