Tagged “evidence”

7 articles on evidence.

Supreme CourtSupreme Court of India

Bharat Aambale v. State of Chhattisgarh: the Section 52A NDPS restatement

On 6 January 2025, a two-judge bench delivered a comprehensive restatement of Section 52A NDPS, holding the provision procedural and non-compliance not per se fatal unless it casts reasonable doubt on the identity and integrity of the seized substance.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Union of India v. Mohanlal: the Section 52A sampling and disposal regime for seized narcotics

On 28 January 2016, the Supreme Court confronted warehouses of seized drugs rotting and being pilfered, and laid down the Section 52A NDPS regime — inventory, photographs, magistrate-certified representative sampling, and a scheme for early disposal.

Valkya Editorial·10 Jul 2026·8 min

High CourtGauhati High Court

Jibon Ali v. Union of India: NRC extracts and the Census Act bar on citizenship evidence

The Gauhati High Court held that NRC extracts are not admissible to prove Indian citizenship — census-derived records cannot be received as evidence under Section 15 of the Census Act, 1948 — and upheld a Foreigners' Tribunal declaration.

Valkya Editorial·14 Jun 2026·8 min

Supreme CourtSupreme Court of India

Malkhansingh v. State of Madhya Pradesh: the evidentiary value of a test identification parade

The 2003 Supreme Court decision settling the value of a test identification parade — the substantive evidence is identification in court; a TIP belongs to the investigation stage, is a rule of prudence, and is not itself substantive evidence.

Valkya Editorial·14 Jun 2026·6 min

Landmark JudgmentPrivy Council

Pulukuri Kottaya v. Emperor: the scope of 'fact discovered' under Section 27

In 1947 the Privy Council, through Sir John Beaumont, settled the meaning of 'fact discovered' under Section 27 of the Evidence Act — the bedrock test for every disclosure-and-recovery dispute that follows.

Valkya Editorial·14 Jun 2026·7 min

Supreme CourtSupreme Court of India

Shambhu Nath Mehra v. State of Ajmer: the limits of Section 106

Vivian Bose J.'s 1956 judgment is the perennial answer to prosecutorial over-reliance on Section 106 — it does not relieve the State of its primary burden of proving guilt, and 'especially' means exceptionally within the accused's knowledge.

Valkya Editorial·14 Jun 2026·6 min

Supreme CourtSupreme Court of India

State of Tamil Nadu v. Ponnusamy: crime-scene re-enactment and Article 20(3)

On 19 May 2026, a two-judge bench held that a directed crime-scene re-enactment limited to physical movements does not per se amount to testimonial compulsion under Article 20(3); such material is admissible as corroborative — not substantive — evidence. Conviction restored on circumstantial proof; death sentence commuted to life.

Valkya Editorial·2 Jun 2026·10 min