Evidence Admissibility - The Legal Chamber

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...

The Supreme Court held that covertly recorded conversations between spouses are admissible as evidence in divorce proceedings under Section 122 of the Indian Evidence Act, 1872, which permits disclosure of marital communications in suits between married persons. The Court clarified that such evidence does not violate the right to privacy under Article 21 of the Constitution, as Section 122’s exception prioritizes fair trial rights over spousal privacy in matrimonial disputes. The ruling emphasized that Family Courts can admit such evidence if it meets the relevance, authenticity, and accuracy standards under Sections 65A and 65B of the Evidence Act, which govern electronic records. The judgment harmonized the Evidence Act’s provisions with the Family Courts Act, 1984, ensuring procedural f...

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Supreme Court Landmark Judgment Allows Secret Spouse Recordings as Evidence in Divorce Cases