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Individuals in advance of age.
Distinctive effect of Oral and Written proof.
Indiscriminate reception of documentary evidence in Indian Courts.
Distinction between amount of evidence required for Civil and Criminal pro-
ceedings.
Terms"Moral certainty," "Benefit of doubt"
Varying power of Judicial mind,
Example,
...
Qualification of principle,
104
:
CHAPTER III.
On the Application of the English Law of Evidence to India.
English Law of Evidence that of superior Courts of Common Law,
Its adaptation to its object.
Addressed to Conscience of Swearer. ...
Assumes sense of moral accountability.
Children,-at what age capable of being sworn.
Religious belief presumed, until disproved,.
Disqualification to take oath only co-extensive with defect of belief.
... 121
... 122
123
124
125
Subject to certain exceptions...
Defendants on Criminal charges disqualified from examination
PAGE.
In case of High Treason,-list of witnesses to be furnished
Non-application of rule to Civil suits or proceedings between third
•Or to offences of Husband and Wife against each other
136
In other criminal cases Prosecution not concluded by appearance of names on
Obligation to answer general.-But this subject to exception
Ground of exception
Protection extends to Documents
Exposure to Penal Consequences ;-according to English Law
There must be Liability to existing consequences
Indirect tendency protective
Tendency of examination matter for decision of Judge...
Doubt if protection not too extended
Exposure to Penal consequences;-according to Law of India