This comprehensive compendium not only contains all the rulings of the Supreme Court on the Evidence Act, 1872 from 1950 till the present but also contains the full statutory text of the Evidence Act. Furthermore, there are a large number of judgments in which the provisions of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors over the years have carefully studied each judgment of the Supreme Court since 1950 and have sifted and extracted every possible ruling of law that may be relevant to the Evidence Act, of 1872, thus making this compendium the most comprehensive source of rulings of law on the Evidence Act by the highest court of the land, which rulings are binding in the whole country under Art. 141 of the Constitution of India.
This Update Vol. 4 updates the case law in the Supreme Court on Evidence Act, 1872 released earlier in 3 volumes, wherein case law covered is from 1950 to (2014) 5 SCC. Case law in this Update Vol. 4 is covered from (2014) 6 SCC up to (2018) 1 SCC & (2017) 15 SCC. This Update Vol. 4, like the previous three volumes, not only contains all the rulings of the Supreme Court on the Evidence Act, of 1872, but there are a large number of judgments in which the provisions of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors have sifted and extracted every possible ruling of law that may be relevant to the Evidence Act, of 1872, thus making this compendium the most comprehensive source of rulings of law on the Evidence Act by the highest court of the land that is binding on the whole country under Art. 141 of the Constitution of India.
Furthermore, this Update Vol. 4 on the Evidence Act, 1872 has been interconnected with related rulings of law covered in the Supreme Court on Criminal Procedure Code and Criminal Trial and Supreme Court on Penal Code, so as to conserve space.
This Update Vol. 5 updates the case law in the Supreme Court on Evidence Act, 1872 released earlier in 4 volumes. Wherein case law covered is from 1950 to (2018) 1 SCC& (2017) 15SCC, cases law in this Update Vol. 5 is covered from (2018) Vol. 20 to (2023) Vols. 1 to 4 & (2017) 16 SCC.
This Update Vol. 5, like the previous 4 volumes, not only contains all the rulings of the Supreme Court on the Evidence Act, 1872, but there are a large number of judgments in which the previous of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editor has sifted and extracted every possible ruling of law that may be relevant to the Evidence Act, of 1872, thus making this compendium the most comprehensive source of law on the Evidence Act by the highest court of the land that is binding on the whole country under Act, 141 of the Constitution of India.
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Confirmed that Section 65B certificate is mandatory for admitting electronic records in court, superseding earlier precedents
Clarified that hearsay evidence is inadmissible under the Evidence Act due to its inherent unreliability
Interpreted Section 27 (discovery of facts by accused) as limited to evidence directly leading to the discovery of objects, not contextual background
Reaffirmed that Section 65B governs electronic evidence independently, and no oral substitute is allowed
Ruled that Sections 92 and 95 (parol evidence rule) don’t apply when written contracts are clear and unambiguous
Held that failure to produce CCTV footage weakens the prosecution under the “best evidence” rule of Sections?106 & illustration (g) of Section 114
Res Gestae (Section 6): Vasa Chandrasekhar Rao v. Ponna Satyanarayana (2000)—hearsay may be admissible when closely linked in time and context, but facts must be timely
Judgments as Evidence (Sections?40–43,?165): The State vs Ramprakash P. Puri (1963) noted judgments are relevant evidence but high court decisions aren’t binding precedent under the Evidence Act
?? ED Without Evidence? (May 2025): SC rebuked the Enforcement Directorate for making allegations in money-laundering cases without adequate evidence
???? PMLA Transparency (May 8,?2025): Under PMLA, accused must be given list of all investigative materials by ED—even those not used in the complaint—to ensure fair trial timesofindia.indiatimes.com.
Electronic Evidence: Always need a valid 65B certificate unless the original is produced.
Hearsay & Res Gestae: Hearsay is generally inadmissible; res gestae is narrow and time-sensitive.
Best Evidence Rule: Originals (e.g., CCTV, contracts) are critical; lacking them impairs prosecution.
Burden of Disclosure: Accused must receive all material in PMLA cases for procedural fairness.
Consistency in ED Cases: Courts are actively checking unsupported claims by investigators.
| Surendra Malik and Sudeep Malik Supreme Court on Evidence Act |
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