News paper - as an evidence.
Shantanu Wavhal
(Querist) 03 May 2012
This query is : Resolved
to submit a news published in a news paper as an evidence, what are the requirements ?
1. Are we supposed to file the entire news paper (all the pages along with suppliments) ?
2. Are we supposed to file only the particular page on which the news is published ?
3. Are the e-newspaper version's print outs acceptable in evidence ?
4. Is it acceptable if the news paper is obtained from a public library & bears the stamp of the library ?
5. Is it acceptable if the news paper is punched by the library (for the purpose of display) ?
6. Is it acceptable if the news paper is little bit torned ?
KINDLY ENLIGHTEN.
Devajyoti Barman
(Expert) 04 May 2012
Newspaper is not direct evidence unless the particular correspondent testify before the court about the happening of certain event he scripted.
However any report published in Newspaper can be taken into Judicial Notice of it.
ajay sethi
(Expert) 04 May 2012
In Laxmi Raj Shetty Vs. State of Tamil Nadu, 1988(3) SCC 319 it has been held as under :-
"We cannot take judicial notice of the facts stated in a news item being in the nature of hearsay secondary evidence, unless proved by evidence aliunde. A report in a newspaper is only hearsay evidence. A newspaper is not one of the documents referred to in Section 78(2) of the Evidence Act, 1872 by which an allegation of fact can be proved. The presumption of genuineness attached under Section 81 of the Evidence Act to a newspaper report cannot be treated as proof of the facts reported therein. It is now well settled that a statement of fact contained in a newspaper is merely hearsay and, therefore, inadmissible in evidence in the absence of the maker of the statement appearing in Court and deposing to have perceived the fact reported."
Shonee Kapoor
(Expert) 06 May 2012
When you supply a news item, you can also give witness summons for the reporter to ascertain the source of that information.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
