What is Section 142 of the Indian Evidence Act?
Asked by: Reva McKenzie | Last update: May 17, 2026Score: 4.6/5 (14 votes)
Section 142 of the Indian Evidence Act, 1872, governs leading questions during witness examination, stating they must not be asked in examination-in-chief or re-examination if objected to, except with court permission for introductory/undisputed matters; the court shall permit them for introductory or already proven facts, while they are generally allowed in cross-examination (Section 143).
What is Section 142 of the Indian Contract Act?
142. Guarantee obtained by misrepresentation invalid. 143. Guarantee obtained by concealment invalid. 144. Guarantee on contract that creditor shall not act on it until co-surety joins.
What is the burden of proof under the Indian evidence Act?
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Which type of evidence is not admissible?
Hearsay evidence
Hearsay evidence is information provided outside of a court setting to someone involved in the trial. In most cases, judges don't allow hearsay evidence because the attorney for an opposing law team doesn't have an opportunity to cross-examine the person who provided the information.
What is the Section 142 Act?
-- For the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
Leading questions || Sec. 141, 142 and 143 Indian Evidence Act
What is the significance of Section 142?
Section 142(1) notice of the Income Tax Act grants the Income Tax Department the authority to issue notices to taxpayers for various reasons, primarily when they fail to file their Income Tax Returns (ITR) or fail to respond to earlier notices.
What is the time limit for Section 142?
Time limit for notice under section 142(1) of income tax act
The tax department can send this notice even after the relevant assessment year has ended. While there is no time limit for the tax department to issue an income tax notice section 142(1), you typically have 30 days to respond once you receive it.
Can screenshots of messages be used as evidence?
Yes, screenshots of messages can be used as evidence, but they are often considered weak or unreliable on their own because they can be easily edited, cropped, or taken out of context, making them difficult to authenticate; courts prefer original messages with complete metadata (dates, times, sender info) and often require extra proof, like testimony or forensic analysis, to confirm they are genuine.
What evidence cannot be used in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
What are the 4 types of evidence?
The four main types of evidence, particularly in legal and argumentative contexts, are Testimonial (spoken/written statements), Physical/Real (tangible objects like weapons or DNA), Documentary/Digital (written records, emails, computer data), and Demonstrative (visual aids like charts or diagrams that explain other evidence). Other frameworks categorize them by strength (anecdotal, descriptive, correlational, causal) or function (direct, circumstantial, corroborating).
What is best evidence in Indian Evidence Act?
The evidence law of India regards the “Best Evidence Rule” as a principle guiding the Indian Evidence Act 1872. By Best Evidence Rule we mean that the secondary evidence won't be applicable when primary evidence exists.
Who must prove the burden of proof?
The burden of proof, sometimes known as the “onus”, is the requirement to satisfy that standard. In criminal cases, the burden of proof is on the prosecution, and the standard required of them is that they prove the case against the defendant “beyond reasonable doubt”.
What counts as strong evidence?
Scientific evidence varies in quality. High quality or strong evidence is that for which the change in scientists' belief in the truth of the claim is large, weak evidence is that for which the change is small.
What is an invalid guarantee under section 142?
Any guarantee which has been obtained by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a material part of the transaction, is invalid.
What is article number 142?
Article 142 is a unique provision. It grants the Supreme Court the power to pass any order necessary to secure complete justice. Its draft, Article 118, was adopted by the Constituent Assembly without any debate. This meant that the demarking of its scope was left entirely to the Court.
What is an example of possibility of performance?
Possibility of Performance (Section 56)
Contracts which require the performance of acts impossible to perform are void. Example: A contract to deliver goods to a place that has been destroyed by a natural disaster is void for the impossibility of performance.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism.
What color do judges like to see in court?
Judges prefer neutral, conservative colors like navy, gray, black, brown, and white, as they convey seriousness, respect, and professionalism, while avoiding distractions. Bright colors, flashy patterns, and overly casual attire (like shorts or t-shirts) are discouraged because they can appear unserious or disrespectful in a formal courtroom setting.
What makes evidence illegal?
The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.
What is the strongest form of evidence against a defendant?
In a criminal case, direct evidence is a powerful way for a defendant to be proven guilty beyond a reasonable doubt. Direct evidence can include eyewitness testimony, physical evidence, and forensic evidence. This type of evidence can include fingerprints, DNA samples, and other forms of forensic evidence.
How far back can courts get text messages?
Subpoenas can seek messages as far back as they exist, but the availability depends on two things: carrier retention policies and legal relevance. Carriers often only store message content for a few days to months, though metadata may be kept longer.
What kind of evidence cannot be used in court?
Evidence not admissible in court typically includes illegally obtained evidence (violating the Fourth Amendment), hearsay (out-of-court statements used for their truth), irrelevant or speculative information, privileged communications (like psychotherapist-patient), and confessions obtained through coercion, with rules varying slightly by jurisdiction but generally focusing on reliability, legality, and relevance.
What happens if I ignore a 142 notice?
Ignoring a Section 142(1) notice can lead to penalties, a best judgment assessment by the assessing officer, and in extreme cases, prosecution.
What is the maximum fine provision in section 142?
If the taxpayer fails to comply with notice issued to him under section 142(1) or section 143(2) or fails to comply with a direction issued under section 142(2A), then as per section 272A he shall be liable for a penalty of Rs. 10,000 for each failure.
Does NRI need to file ITR in India?
As an NRI, PIO, or OCI, you may be required to file tax returns in India if your Indian income surpasses the specified threshold or if you seek to claim refunds for excess tax deductions. While filing an ITR is mandatory only under certain circumstances, voluntary filing can be beneficial in many ways.