LIST OF DOCTRINES - INDIAN EVIDENCE ACT (IEA) 1872 / BHARATIYA SAKSHYA ADHINIYAM (BSA), 2023

1. Ipso Facto (Section 4 IEA / 2 BSA)
It means “by that very fact.” It refers to something that is self-evident or automatically true by its very nature.

2. Res Gestae (Section 6 IEA / 4 BSA)
It means “things said and done in the course of the same transaction.” It allows statements that are part of the same transaction to be admissible as evidence.

3. Ab Extra (Section 6 IEA / 4 BSA)
It means “from outside.” It is used when considering evidence or circumstances that originate externally to the main transaction.

4. Last Seen Theory (Section 7 IEA / 5 BSA)
This theory applies when the time gap between the accused and the deceased being last seen together and the deceased being found dead is so short that the possibility of any person other than the accused being the author of the crime becomes impossible.

5. Corpus Delicti (Section 8 IEA / 6 BSA)
It means “body of the crime.” It refers to the essential facts that prove that a crime has actually been committed.

6. Test Identification Parade (Section 9 IEA / 7 BSA)
It is conducted to test the veracity of a witness and his capacity to identify unknown persons related to the crime.

7. Theory of Agency (Section 10 IEA / 8 BSA)
Every conspirator is an agent of the others in carrying out the object of the conspiracy; hence, acts and declarations of one conspirator can be used as evidence against others.

8. Alibi (Section 11 IEA / 9 BSA)
It means “elsewhere.” It is a defence that the accused was somewhere else at the time the crime was committed and hence could not have committed it.

9. Without Prejudice Admissions (Section 23 IEA / 21 BSA)
Admissions made by parties while genuinely negotiating the settlement of an existing dispute are privileged and cannot be used as evidence in court at a later stage.

10. Doctrine of Confirmation by Subsequent Facts or Events (Section 27 IEA / 23 (Proviso) BSA)
Every part of the statement made by an accused in custody must be confirmed by subsequent discovery or events to make it admissible in court.

11. Nemo Moriturus Praesumitur Mentire (Section 32 IEA / 26 BSA)
It means “no one at the point of death is presumed to lie.” This doctrine forms the basis for the admissibility of dying declarations.

12. Causa Proxima Non Remota Spectatur (Section 32 IEA / 26 BSA)
It means “the immediate and not the remote cause is to be considered.” Only the direct cause of an event is relevant, not remote ones.

13. Doctrine of Dying Declaration (Section 32(1) IEA / 26 BSA)
A dying declaration is the statement made by a person who is about to die, explaining the cause or circumstances of his death, and is admissible as evidence.

14. Necessity Rule (Sections 32 and 45 IEA / 26 and 39(1) BSA)
The principle is that if a person who has firsthand knowledge of facts cannot appear before the court due to death or disability, his knowledge should be transmitted to the court through another person.

15. Rule of Res Judicata (Section 40 IEA / 34 BSA)
Once there has been a final judgment on a fact, no subsequent proceeding on the same fact shall be allowed; the earlier judgment remains relevant and conclusive.

16. In Personam (Section 43 IEA / 37 BSA)
It means “against the person.” It refers to judgments or rights enforceable against specific individuals.

17. Res Inter Alia Acta (Section 46 IEA / 40 BSA)
It means “a thing done between others.” When the opinion of an expert is relevant, any fact that supports or contradicts that opinion also becomes relevant.

18. Rule of Exclusion of Hearsay (Section 60 IEA / 55 BSA)
It means oral evidence must be direct. Hearsay evidence (second-hand information) is not admissible.

19. Best Evidence Rule (Sections 60, 64, 91 IEA / 55, 59, 94 BSA)
The best available evidence should be produced before the court. For documents, the original document itself must be presented.

20. Prima Facie (Section 101 IEA / 104 BSA)
It means “on the face of it.” It refers to evidence that is sufficient to establish a fact unless disproved.

21. Ei Incumbit Probatio Qui Dicit Non Qui Negat (Section 101 IEA / 104 BSA)
The burden of proof lies on the person who asserts, not on the one who denies.

22. Affirmanti Non Neganti Incumbit Probatio (Section 101 IEA / 104 BSA)
The burden of proof rests upon the person who affirms, not upon the person who denies.

23. Affirmatio Non Neganti Est Probare (Section 101 IEA / 104 BSA)
It means “he who affirms must prove.” A person making a claim must produce proof in support of it.

24. Actori Incumbit Onus Probandi (Section 102 IEA / 105 BSA)
It means “the burden of proof is on the plaintiff.” The person who brings the case must prove his allegations.

25. Res Ipsa Loquitur (Section 106 IEA / 109 BSA)
It means “the thing speaks for itself.” It allows negligence to be inferred from the nature of the accident without direct evidence.

26. Filiation Non Potest Probari (Section 112 IEA / 116 BSA)
It means “filiation cannot be proved.” Paternity is presumed under certain legal circumstances and cannot be questioned easily.

27. Pater Est Quem Nuptiae Demonstrant (Section 112 IEA / 116 BSA)
It means “the father is he whom the marriage points out.” The law presumes that a child born during lawful wedlock is the legitimate child of the husband.

28. Semper Praesumitur Pro Legitimatione Puerorum (Section 112 IEA / 116 BSA)
It means “everything is presumed in favor of the legitimacy of children.” The law always presumes legitimacy unless clearly disproved.

29. Doctrine of Reverse Burden (Sections 113A and 113B IEA / 117 and 118 BSA)
When the burden of proof is reversed by law, the accused must prove his innocence beyond reasonable doubt once certain facts are established (e.g., dowry death or abetment of suicide).

30. Omnia Praesumuntur Rite et Solemniter Esse Acta (Section 114 IEA / 119 BSA)
It means “all things are presumed to have been done correctly and solemnly.” Acts are presumed to be regular and lawful unless proved otherwise.

31. Allegans Contraria Non Est Admittenda (Section 115 IEA / 121 BSA)
It means “contrary allegations will not be heard.” A person cannot make contradictory statements before the court.

32. Ipse Dixit (Section 115 IEA / 121 BSA)
It means “he himself said it.” It refers to a statement that is asserted without proof, merely on the authority of the speaker.

33. Doctrine of Estoppel (Section 115 IEA / 121 BSA)
A person will not be allowed to deny or contradict what he has previously affirmed by his words or conduct if another has relied upon it.

34. Doctrine of Promissory / Quasi / New Estoppel (Section 115 IEA / 121 BSA)
When one party makes a promise intending that the other will act upon it, and the other does act upon it, the promisor is bound by that promise even if no formal contract exists.

35. Salus Populi Est Suprema Lex (Section 123 IEA / 129 BSA)
It means “regard for the public welfare is the highest law.” Public interest takes precedence over private interest.

36. Evidence Has to Be Weighed, Not Counted (Section 134 IEA / 139 BSA)
No particular number of witnesses is required to prove any fact; the quality of evidence matters more than the quantity.

37. Judicis Est Judicare Secundum Allegata et Probata (Section 136 IEA / 141 BSA)
It means “it is the duty of a judge to decide according to the allegations and the proofs.” The judge must rely on evidence and pleadings before the court.

38. Rule of Corroboration (Section 157 IEA / 160 BSA)
Earlier statements of witnesses may be used to confirm and support their later testimony in court.

39. Subpoena Duces Tecum (Section 162 IEA / 165 BSA )
It means a writ ordering a person to attend court and bring relevant documents or evidence.