BSA: Section 91 - The Devil is in the Details
evidence clat_pg advanced experience_shareYaar, I was studying for AILET PG and I came across this question in a mock test: "What is the significance of Section 91 of the Indian Evidence Act?" Naamumkin pata tha (I had no clue) so I started reading the act again and found out that Section 91 deals with the relevance of statements in the absence of legal obligation to speak.
The question asked for the ratio from the Supreme Court case of Harichandan v. State of Orissa, 1989 Cr LJ 1448 SC. I knew I had to be careful with the words because I've seen fellow students misquote the ratios in class. I quoted the entire paragraph from the judgment, "It is not the intention of the Legislature to take away the benefit of the statements made under Section 108-A of the Indian Evidence Act from any witness merely because such witness is a police officer.
2 Comments
Arre yeh section 91 kaisa hua. Jo bhi case hai, koi bhi party court se evidence demand kar sakti hai. Par yeh evidence kiya hota hai, us par sawal hain. Wahi evidence jo witness ya document ke roop mein hoti hai, uski authenticity aur reliability ka proof bhi dena padta hai. Yeh section bhi usi case ke rules of evidence se juda hota hai. Bilkul, devil is in the details.
Arre yaar, maine socha to yeh section thoda confused kar raha hai, lekin to sab kuch clear ho jata hai jab hum dekhna shuru karte hain. BSA ka Section 91 khaali baat hai ki koi bhi case jo 2 saal se court mein lag raha hai, court usse dismiss kar skti hai. Lekin problem yeh hai ki kya hum usse dismiss karne ke pehle kuch baatein nahi karni chahiye?