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Supreme Court judgments on Indian Evidence Act, 1872

64 judgments, latest first, from 2018 to 2026. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 27 12Section 32 9Section 65B 5Section 106 7
Sukhpal Singh vs NCT of Delhi
SC · 7 May 2024
[2024] 6 S.C.R. 315 : 2024 INSC 385
Appellant was convicted u/s.302, Penal Code, 1860 for the murder of his wife. Courts below whether justified in holding that the statement of Complainant-PW-1 recorded in proceedings u/s.299, Code of Criminal Procedure,…
Anees vs The State Govt. of NCT
SC · 3 May 2024
[2024] 6 S.C.R. 164 : 2024 INSC 368
Murder of appellant-accused’s wife in their house in which the appellant, deceased and their 5 year old daughter lived. s.106, Evidence Act, 1872 was invoked and the appellant was convicted u/s.302, IPC for the murder. W…
Ravishankar Tandon vs State of Chhattisgarh
SC · 10 April 2024
[2024] 4 S.C.R. 558 : 2024 INSC 299
In a case based on circumstantial evidence wherein the appellantsaccused persons were convicted u/s.302 r/w s.34, ss.120B and 201, s.302 r/w ss.34 and 120B, IPC and sentenced to imprisonment for life, whether the prosecu…
Mahakali Sujatha vs The Branch Manager, Future Generali India Life Insurance Company Limited & Another
SC · 10 April 2024
[2024] 4 S.C.R. 724 : 2024 INSC 296
The present civil appeal has been filed by the complainant, who is the daughter of the insured-deceased, who is also the nominee under the subject life insurance policies of her late father. The controversy in the presen…
Ravinder Kumar vs State of NCT of Delhi
SC · 6 March 2024
[2024] 3 S.C.R. 767 : 2024 INSC 211
1) Whether circumstantial evidence is sufficient to convict the accused; 2) Whether burden of proof u/s. 106 Evidence Act can be on accused before the prosecution proves its case; 3) Whether recovery pursuant to statemen…
Naresh Kumar vs State of Haryana
SC · 22 February 2024
[2024] 2 S.C.R. 830 : 2024 INSC 149
Conviction of the appellant for the offence punishable u/s.306, Penal Code, 1860, if justified.
Case Details Perumal Raja @ Perumal vs State, Rep. by Inspector of Police
SC · 3 January 2024
[2024] 1 S.C.R. 87 : 2024 INSC 13
Accused not formally arrested at the time of giving information if can be deemed to be in the ‘custody’ of the police, admissibility of evidence in terms of s.27, Evidence Act, 1872. Conviction and sentence of the appell…
Case Details Moturu Nalini Kanth vs Gainedi Kaliprasad (Dead, through Lrs.)
SC · 20 November 2023
[2023] 16 S.C.R. 644 : 2023 INSC 1004
Suit filed by the appellant (then a minor) through his guardian claiming right and title over the properties of late ‘V’, who as per his claim had adopted him, under a registered Will. Trial Court decreed the suit. High…
State of Karnataka vs T. Naseer @ Nasir @ Thandiantavida Naseer @ Umarhazi @ Hazi & Ors.
SC · 6 November 2023
[2023] 14 S.C.R. 230 : 2023 INSC 988
The High Court rejected the applications filed by the prosecution u/s. 311 of the Cr.P.C., seeking recall of PW-189 and to permit the prosecution to produce the report and the certificate u/s. 65B of the Evidence Act, 18…
Rajesh Jain vs Ajay Singh
SC · 9 October 2023
[2023] 13 S.C.R. 788 : 2023 INSC 888
Since the execution of the cheque is, admittedly, not under dispute, the limited question to be considered, is (i) whether the accused can be said to have discharged his ‘evidential burden’, for the courts below to have…
Phulel Singh vs State of Harayana
SC · 27 September 2023
[2023] 12 S.C.R. 793 : 2023 INSC 863
Whether in the totality of the circumstances, it can be said that the dying declaration (Ex. P.L.) is free from doubt; whether evidence prove beyond reasonable doubt that the deceased was harassed on account of non-fulfi…
Dinesh Kumar vs The State of Haryana
SC · 4 May 2023
[2023] 4 S.C.R. 220 : 2023 INSC 493
Penal Code,1860 – ss.302,364,392,394,201 and 34 – Evidence Act, 1872 – ss.27,101,106 and 165 – The case of prosecution was based on circumstantial evidence i.e. the evidence of ‘last seen’ and the ‘discoveries’ made from…
Ashutosh Samanta (D) by Lrs. & Ors. vs Sm. Ranjan Bala Dasi & Ors.
SC · 14 March 2023
[2023] 2 S.C.R. 237 : 2023 INSC 225
Evidence Act, 1872 – ss.68, 69, 71 and 90 – Proof of Will – Held: Wills cannot be proved only on the basis of their age – The presumption u/s.90, Evidence Act as to the regularity of documents more than 30 years of age i…
Boby vs State of Kerala
SC · 12 January 2023
[2023] 1 S.C.R. 335 : 2023 INSC 23
Evidence Act, 1872 – s.27 – Discovery of Fact – Criminal trial – Three accused – Disclosure statement allegedly made by accused no.3-appellant – Recovery of dead body of complainant’s husband – Appreciation of evidence –…
Rajaram vs State of Madhya Pradesh & Ors.
SC · 16 December 2022
[2022] 16 S.C.R. 99 : 2022 INSC 1296
Evidence Act, 1872 – s. 32 – Inconsistencies between Multiple dying declaration – Prosecution case that victim-deceased was brought to hospital by her husband (appellant) in burnt condition – Her first dying declaration…
Gireesan Nair & Ors. etc. vs State of Kerala
SC · 11 November 2022
[2022] 8 S.C.R. 599 : 2022 INSC 1199
Evidence Act, 1872 : s. 9 – Test Identification Parade(TIP) – Legality and validity of – Prosecution case that accused persons to avenge the police atrocity hatched a conspiracy, abetted acts of rioting and destruction o…
Mohd. Arif @ Ashfaq vs State (NCT of Delhi)
SC · 3 November 2022
[2022] 7 S.C.R. 792 : 2022 INSC 1156
Review Petition – Death Penalty – In firing incident inside Lal Quila, three army jawans received fatal injuries and lost their lives – Review Petitioner was tried and was awarded death sentence – Death sentence was conf…
The State of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai
SC · 31 October 2022
[2022] 13 S.C.R. 1033 : 2022 INSC 1139
Evidence Act, 1872 – s.32(1) – Dying declaration – Penal Code, 1860 – ss.302,376,341 and 448 – Victim was raped and set on fire – Respondent was convicted u/ss. 302, 341, 376,448 by the Sessions Court onthebasis of dying…
Manusha Sreekumar & Ors. vs The United India Insurance Co. Ltd.
SC · 17 October 2022
[2022] 18 S.C.R. 455 : 2022 INSC 1102
Motor Vehicles Act, 1988 – Compensation– Income of deceased, fixed considering minimum wages notification – Indian Evidence Act, 1872 – s.57 – Kerala Motor Transport Workers’ Payment of Fair Wages Act, 1971 – s.2 – Decea…
Md. Anowar Hussain vs State of Assam
SC · 13 October 2022
[2022] 18 S.C.R. 721 : 2022 INSC 1079
Penal Code, 1860 – s.302 – Circumstantial Evidence – Evidence Act, 1872 – s.106 – Appellant was held guilty of the offence u/s.302 for murder of his wife and was awarded the punishment of imprisonment for life – On appea…
Vijaya vs State Rep by the Inspector of Police
SC · 15 September 2022
[2022] 7 S.C.R. 367 : 2022 INSC 964
Evidence Act, 1872 – ss. 32, 157 – Code of Criminal Procedure – s. 164 – Dying declaration – Victim survived – Statement u/s.164 Cr.P.C. – Prosecution case that appellant consumed a poisonous substance, which she also ad…
Ravi Sharma vs State (Government of NCT of Delhi) and Anr.
SC · 11 July 2022
[2022] 12 S.C.R. 257 : 2022 INSC 699
Code of Criminal Procedure, 1973 – s.378 – Indian Evidence Act, 1872 – s.27 – FIR was recorded on finding a dead body – PW-2 (brother of deceased) identified the dead body – Statements of both PW-1, father of deceased an…
Uttam vs The State of Maharashtra
SC · 2 June 2022
[2022] 5 S.C.R. 863 : 2022 INSC 634
Evidence Act, 1872 – Multiple dying declarations – Admissibility, evidentiary value of – Penal Code, 1860 – s.302 – Appellant convicted u/s.302 for having murdered his wife by pouring kerosene on her and setting her on f…
Surendran vs State of Kerela
SC · 13 May 2022
[2022] 4 S.C.R. 675 : 2022 INSC 566
Evidence Act, 1872: s. 32 – Dying declaration – Admissibility of – On facts, suicide attempt by the wife soon after marriage due to harassment and dowry demands of husband and the family members – Settlement between the…
Venkatesh @ Chandra & Anr. etc. vs State of Karnataka
SC · 19 April 2022
[2022] 4 S.C.R. 556 : 2022 INSC 1302
Evidence Act, 1872: s.27 – Settled Legal Position – Going by the parameters of s.27 of the Evidence Act, only so much of information which relates distinctly to the facts thereby discovered can be stated to have been pro…
Mohd. Firoz vs State of Madhya Pradesh
SC · 19 April 2022
[2022] 19 S.C.R. 168 : 2022 INSC 429
Penal Code, 1860 – Ss. 302, 376(2)(i), 376(2)(m), 363, 366, 376A – Protection of Children from Sexual Offences Act, 2012 (POCSO) – ss. 5 (i), 5 (m), 6 – Evidence Act, 1872 – s. 106 – Code of Criminal Procedure, 1973 – ss…
State of U.P. vs Veerpal & Anr.
SC · 1 February 2022
[2022] 1 S.C.R. 1163 : 2022 INSC 133
Evidence Act, 1872 – s.32 – Dying declaration – Appreciation of – Dying declaration recorded by the Magistrate in which deceased specifically stated that due to feud over demand of money, respondents-accused burnt her af…
Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal and Ors.
SC · 14 July 2020
[2020] 7 S.C.R. 180 : 2020 INSC 453
Evidence Act, 1872 – ss.3, 22A, 45A, 61-65, 65A, 65B, 136 – Interpretation of s.65B – Electronic records – Admissibility of – Appellant’s election challenged on the ground that his nomination papers having been filed aft…
Jagmail Singh & Anr. vs Karamjit Singh & Ors.
SC · 13 May 2020
[2020] 4 S.C.R. 1163 : 2020 INSC 396
Evidence Act, 1872 – ss.65 and 66 – Entitlement to lead secondary evidence in respect of a document – Appellant filed suit for declaration of title in respect of land and for declaration that the mutations sanctioned by…
C. Doddanarayana Reddy (Dead) by Lrs. & Ors. vs C. Jayarama Reddy (Dead) by Lrs. & Ors.
SC · 14 February 2020
[2020] 1 S.C.R. 627 : 2020 INSC 185
Evidence Act, 1872: s.35 – Entry recording date of birth in school register – Suit for partition and separate possession of share in suit property based on claim that plaintiff was minor at the time of death of his fathe…

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