Dealing with Section 91 of the Indian Evidence Act

evidence clat_pg intermediate experience_share

Dosto, I had a nightmare during my CLAT PG prep. I was trying to grasp the exceptions to the rule that admissions are considered relevant facts but not evidence (Section 80 of the Evidence Act). Suddenly, I stumbled upon Section 91, and my mind went blank. I didn't understand when it's applicable and what happens when it's invoked. After hours of studying, I came up with this practice question:

Question: X and Y were seen near the scene of the crime. Y later gives a statement to the police that X had warned him not to be there at that time. Is X entitled to use Y's statement against him under Section 91 of the Evidence Act?

I spent a long time preparing for this question and still managed to score 6/10. My weak areas are still understanding when Section 91 can be invoked and how it affects the credibility of the witness.

1 comments

1 Comments

Sign in to join the discussion.
Madhav ยท Law Student

Maine toh socha hai, 91 ke baare mein discussion karein to, pehle 137 ka mention karna jaruri hai. 137 ka implication to, section 91 ka khel khatam karta hai. Jisko bhi witness ko question nahin kiya ja sakta hai, vo automatically section 91 se protected ho jata hai. To, agar 137 ka application haasil hai, toh 91 ka koi mahatva nahin rahega.