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MUTHU NAICKER AND ORS. V.

STATE OF TAMIL
NADU, AIR 1978 SC 1647

A research proportion submitted in partial fulfillment of the course Law of


Evidence for obtaining the degree B.B.A., LL.B. (Hons.) during the academic
session: 2019-20

Submitted by:

Pragya, B.B.A., LL.B. (Hons.)

Roll: 2029

Submitted to:

Dr. Meeta Mohini

Faculty of Law of Evidence

February, 2020

Chanakya National Law University, Nyaya Nagar,


Mithapur, Patna-800001, Bihar
INTRODUCTION
In Muthu Naicker & Ors. v. State of Tamil Nadu, AIR 1978 SC 1647, this Court explained the
aforesaid judgment by stating that in a situation where a witness has been attacked by the
members of an unlawful assembly composed of a large number of persons, the court should
carefully consider the question of the credibility of such a witness. Where the court is of the view
that the testimony of such a witness is in the facts and circumstances of the case not reliable, it
should insist that such testimony be corroborated by one or more other witness before it can be
accepted by the court.

OBJECTIVES
The researcher has the following objectives:

1. Discuss the meaning of trustworthy evidence.


2. Discuss applicability of The Doctrine of Falsus in Uno, Falsus in Omnibus in India.
3. Discuss various related judgements.

HYPOTHESIS

There are the following hypothesis:

1. Where one part of the statement of a witness is found to be false, then the entire
testimony of the witness is liable to be rejected.
2. The maxim is merely a rule of caution.
3. The doctrine "falsus in uno, falsus in omnibus" has no application in India."

RESEARCH METHODOLOGY
The research work is totally doctrinal method. It includes both primary as well as secondary
sources.
LIMITATIONS

Area of limitations – Every study has own limitation due to the limited time, lack of sufficient
financial sources and limited area of survey/study of the subject matter.

TENTATIVE CHAPTERISATION

1. Introduction.
2. Trustworthy Evidence: The Doctrine of Falsus in Uno, Falsus in Omnibus
3. Judgement of Muthu Naicker & Ors. v. State of Tamil Nadu, AIR 1978 SC 1647.
4. Related Judgements
5. Conclusion.

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