Agreement in Indian Evidence Act

Agreement in Indian Evidence Act: Understanding the Legal Terms

The Indian Evidence Act is a cornerstone of the Indian legal system. It sets out the rules of evidence that govern how facts are proved or disproved in court. One of the most important provisions of the Indian Evidence Act is the section on agreements. In this article, we’ll delve into the details of agreements under the Indian Evidence Act and help you understand what it means.

What is an Agreement?

An agreement is a legally binding contract between two or more parties. It could be a written or verbal contract that outlines the terms and conditions of a transaction or exchange of goods or services. An agreement could be entered into by individuals, organizations or even the government.

When is an Agreement Admissible as Evidence?

An agreement becomes admissible as evidence when it is relevant to the case at hand. According to the Indian Evidence Act, an agreement is relevant if it has a bearing on a question of fact or inferences to be drawn from them. Agreements may be used as evidence in both criminal and civil cases.

For example, in a contract dispute, a written agreement between parties would be relevant to the case. Similarly, in a criminal case, an agreement between the accused and the victim could be used as evidence.

What are the Types of Agreements?

There are two types of agreements that are recognized under the Indian Evidence Act – Express Agreement and Implied Agreement.

Express Agreement: An express agreement is one where the terms and conditions are clearly and explicitly stated. It could be a written or verbal agreement.

Implied Agreement: An implied agreement refers to a contract that is inferred from the conduct of the parties involved. For example, if an individual visits a dentist for a tooth extraction, the payment for the service is an implied agreement.

How is an Agreement Proved in Court?

To prove an agreement in court, the parties involved would need to provide evidence of the existence of the agreement. This could be done through written or verbal testimony, documents or any other relevant evidence that establishes the existence of the agreement.

It is important to note that agreements must also be proved to be genuine. This means that the signature and content of the agreement must not be forged or manipulated in any way.

Conclusion

Agreements are an important aspect of the Indian legal system. They form the basis of contractual obligations and are used as evidence in both criminal and civil cases. Understanding the legal terms associated with agreements will help individuals and organizations navigate the legal system more effectively.

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