Bharatiya Sakshya Adhiniyam

Findings of a Civil Court binding on Criminal Court? SC clears the air

Summary: A persistent misconception in legal discourse is that findings or determinations of a civil court are binding on a criminal court, despite no such rule being codified in the Indian Evidence Act, 1872, or its successor statute, the Bharatiya Sakshya Adhiniyam, 2023. This belief often leads to the argument that a civil judgment should conclusively govern subsequent criminal proceedings. However, this position does not reflect the true legal framework. The Hon’ble Supreme Court’s decision in Prem Raj v. Poonamma Menon & Anr., tracing the evolution of law on this point, provides much-needed clarity, reaffirming the distinct nature, standards of proof, and purposes of civil and criminal proceedings, and explaining the limited evidentiary value, rather than absolute binding effect, of civil court findings in criminal trials.

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Navigating the Muddled Requirement of an Electronic Evidence Certificate in Arbitration Proceedings

Summary: This article examines the necessity of furnishing an electronic evidence certificate for proving the contents of documents in electronic form during arbitration proceedings. While an electronic evidence certificate has been held as a mandatory requirement in court proceedings, some courts have relaxed the said requirement for arbitrations. However, in certain cases, it has been observed that arbitrators have considered the absence of such an electronic evidence certificate as a factor for holding certain documents as inadmissible. Subsequently, given the restricted scope of judicial review concerning arbitral awards, such observations are typically insulated from challenge, thereby raising risks during litigation.

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