The Indian Evidence ACT

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 probate	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

The Indian Evidence ACT

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