S.No.

List of Doctrines

Meaning

Section Number

1.        

Ipso Facto

By that very fact.

Section 4

2.        

Res Gestae

Things said and done in the course of same transaction.

Section 6

3.        

Ab extra

From outside

Section 6

4.        

Last Seen Theory

The theory comes into play where the time gap between the point of time when the accused and the deceased were last seen alive and the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible.

Section 7

5.        

Corpus delicti

Body of the crime.

Section 8

6.        

Test Identification Parade

It is meant to test the veracity of the witness and his capacity to identify unknown persons.

Section 9

7.        

Theory of Agency

Every conspirator is agent of this association in carrying out the object of conspiracy.

Section 10

8.        

Alibi

Elsewhere

Section 11

9.        

Without Prejudice Admissions

Any admissions made by parties genuinely negotiating the settlement of an existing dispute are privileged and will be protected from disclosure to a court at a later date. 

Section 23

10.    

Doctrine of confirmation by subsequent facts/events

every part of the statement, made at the instance of the accused, in a police custody should necessarily be confirmed by the subsequent events of discovery, to make it admissible in court. 

Section 27

11.    

Nemo moriturus praesumitur mentire

No one at the point of death is presumed to lie.

Section 32

12.    

Causa proxima, non remota spectatur

The immediate and not the remote cause is to be considered

Section 32

13.    

Doctrine of Dying Declaration

A dying declaration means the statement of a person who has died explaining the cause or circumstances of his death.

Section 32(1)

14.    

Necessity Rule

The principle behind is that a person who has the first-hand knowledge of the facts of a case, but who, because of death, disability, etc. is not able to appear before the court, then his knowledge should be transmitted to the court through some other person; the person who has shared the knowledge of that person will be considered as the best evidence.

Section 32 and 45

15.    

Rule of res judicata

when once there has been a judgment about a fact and the law provides that when there has been such a judgment, no subsequent proceeding would be stated, the previous judgment relevant and can be proved.

Section 40

16.    

In personam

Against the person

Section 43

17.    

Res inter alia acta

when the opinion of an expert is relevant and has been cited, any fact which will either support his opinion or contradict it will also become relevant

Section 46

18.    

Rule of exclusion of hearsay evidence

Oral evidence must be direct.

Section 60

19.    

Best Evidence Rule

Best available evidence should be brought before the court. The best evidence about the contents of a document is the document itself.

Sections 60, 64, 91

20.    

Prima Facie

On the face of it.

Section 101

21.    

Ei incumbit probation qui dicit non qui negat

Burden of proof lies upon who asserts and not who denies.

Section 101

22.    

Affirmations est probare

He who affirms must prove.

Section 101

23.    

Affirmanti non neganti incumbit probation

Burden of proof lies upon him who asserts and not upon him who denies.

Section 101

24.    

Actori incumbit onus probandi

The burden of proof lies on the plaintiff.

Section 102

25.    

Res ipsa loquitur

The things speaks for itself.

Section 106

26.    

Filiatio non potest probari

Filiation cannot be proved.

Section 112

27.    

Pater est quem nuptiae demonstrant

The father is he whom the marriage points out.

Section 112

28.    

Semper Praesumitur Pro legitimatione puerorum

Everything is presumed in favor of the legitimacy of children.

Section 112

29.    

Doctrine of Reverse burden

 when the onus of burden of proof is reversed, it creates a situation where the accused, now presumed guilty must adduce evidence beyond reasonable doubt to prove his innocence and be granted an acquittal.

Section 113A and Section 113B

30.    

Omnia praesumuntur rite et solemniter esse acta

All things are presumed to have been done correctly and solemnly.

Section 114

31.    

Allegans Contraria Non est Admittenda

Contrary allegations will not be heard.

Section 115

32.    

Ipse Dixit

He himself said it.

Section 115

33.    

Doctrine of Estoppel

A person will not be allowed to plead the contrary of a fact or state a thing which he has formally asserted by words or conduct.

Section 115

34.    

Doctrine of Promissory Estoppel / Quasi Estoppel / New Estoppel

Where the parties enter into an agreement which is intended to create legal relationship between them and in pursuance of such arrangement, one party makes a promise to the other which he knows will be acted and on the basis of this promise the other promise changes his position, the court will treat the promise as binding on the promisor to the extent that it will not allow him to act inconsistently with it even though the promise may not be supported in strict sense, by consideration.

Section 115

35.    

Salus populi est suprema lex

Regard for the public welfare is the highest law.

Section 123

36.    

Evidence has to be weighed not counted

No particular number of witnesses shall be required to prove any fact.

Section 134

37.    

Judicis est judicare secundum allegata et probata

It is the duty of a judge to decide according to the allegations and the proofs.

Section 136

38.    

Rule of Corroboration

The former statements of witnesses may be proved to corroborate later testimony as to the same fact.

Section 157

39.    

Subpoena Duces Tecum

A writ ordering a person to attend a court and bring relevant documents.

Section 162