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Evidence Law: Meaning and Significance
To administer justice and uphold citizens' rights is the main goal of any judicial system, regardless of the state. A competent tribunal may accept any objects or assertions of facts as evidence in order to verify the veracity of any alleged fact that is the subject of its examination. In plain English, a party at a trial introduces evidence to establish a given fact in support of him
What is the Meaning of Evidence?
The Meaning of the Word "Evidence" The term "evidence" comes from the Latin word "evidens evidere," which means "to show clearly; to make clear, certain, or to prove."
A set of regulations for determining disputed facts in judicial investigations is known as the "Law of Evidence." A system of rules and guidelines known as the "Law of Evidence" governs this process of gathering the facts, which are the fundamental components of a right or responsibility and are the main and possibly most challenging job of the court. A set of regulations for determining disputed facts in judicial investigations is known as the "Law of Evidence." The "Law of Evidence" governs this system of gathering facts, which are the fundamental components of a right or liability and are the main and possibly most challenging role of the Court.
Scope of Evidence Law
In a case, the court typically deals with three matters− first, determining whether or not a specific event actually occurred; second, applying the procedural law in the case of the specified event; and third, determining the parties' rights and obligations by applying the fundamental law to the relevant matter.
The "key" that a court requires to make a decision is evidence. There can be no proof if there is no evidence. Information is presented to the court through evidence. A certain account of the events must be accepted by the court in order to establish facts through the presenting of evidence. Of course, one can pursue the truth even if it violates the parties' constitutional rights. Evidence gathered illegally, however, could not support the upholding of justice in the future. Therefore, in order to accomplish quick, equitable, and cost−effective justice, the proof process should be governed by evidentiary norms and standards.
The law of evidence therefore means legal means, exclusive of mere arguments, which tend to prove or disapprove any matter of fact the truth of which is submitted to judicial investigation. The law of evidence covers aspects on −
Who should adduce evidence before the court?
How to obtain such evidence?
Procedures of adducing evidence
Admissibility & Evaluation of evidence
Application of the evidence to render final verdict
The law of evidence governs the laws pertaining to the process of proof in court proceedings on a number of different levels, in addition to being a fundamental principle guiding the process of proof. While its moral component is a unique benefit in criminal cases as it works to defend the innocent and expose the wicked to deliver full and impartial justice. On the other hand, in order to safeguard the general public's interest, the evidence rules also have the power to conceal and stop the truth from being made public.
Significance of Indian Evidence Act
The goal of the rules of evidence is to aid the courts in discovering the truth and prevent judges' minds from becoming clouded by the improper admission of evidence. The Lex fori, which governs the courts, is the law of evidence. Information is presented to the court through evidence. A certain version of the events must be acknowledged by the court in order to establish facts through the production of evidence. The law of evidence serves a variety of objectives in both criminal and civil trials. In a nutshell, the law of evidence controls the concrete evidence process.
Anything that demonstrates the truth or falsity of an alleged fact is considered "evidence." Evidence is anything that helps the court see the issue clearly. Any item that tends to convince the court of the veracity or likelihood of a fact alleged before it is considered evidence.
The law of evidence is the body of legal rules developed and enacted to govern −
Facts that may be considered in court? This is the issue of relevant evidence that one should adduce before the court to support his allegation.
Facts in issue
Facts relevant to facts in issue.
The methods of securing consideration of these facts.
Real (e.g. documentary, exhibits) evidence.
Types of Evidence
Following are the major types of evidence −
Documentary evidence includes all records produced for the court's scrutiny. When a court of law can directly witness those facts or information in the form of a document to establish the facts in consideration. It is considered that written evidence is more significant than oral testimony in determining one's attitude, intention, and consciousness toward a custom.
All statements that witnesses are required to make in front of the court regarding facts that are being investigated are known as "oral evidence". Oral evidence must be direct.
Primary evidence, which is the facts or information pieces that, in any way, have a strong capacity for proving or refuting any claim under consideration. For example, a paper document for any vehicle is primary evidence to prove the ownership of the vehicle.
Secondary evidence is that which is produced in the absence of primary evidence and has a secondary place. The parties are not allowed to raise any objections to the document being proved by secondary evidence instead of primary evidence if secondary evidence is admitted in place of primary evidence without any objection at the appropriate time.
It is direct evidence when witnesses present the facts of the case to the judge. While circumstantial evidence can be used to prove the facts at hand by presenting additional facts and successfully eliciting an instance of its presence, direct evidence cannot. It is connected to a series of other facts than the one at issue.
Evidence received by the court of Justice in proof or disproof of facts before the court is called judicial evidence.
Non−judicial evidence is any confession or admission given by the accused outside of court in the presence of anyone.
Hearsay evidence is the evidence that reported by third party − the person who heard it from the witness. Such evidence is either lacking or very weak evidence. The court is of the opinion that the third person's reported facts lack considerable credibility in establishing any facts.
The rules and legal precepts that control how facts are proven in a judicial procedure are collectively referred to as the law of evidence or the rules of evidence. The basic goal of the law of evidence is to help the court decide what facts are necessary to establish the truth, to prevent confusion, and how those necessary facts will be legally proven in court.
Frequently Asked Questions
Q. What makes evidence admissible?
A basic requirement of admissibility is that the evidence must be relevant. This means that it must be helpful in deciding the action before the court.
Q. What is question of law?
A question of law, sometimes referred to as a point of law, is one that must be addressed by the interpretation of the law using pertinent legal concepts.
Q. What do you understand by question of fact?
A question of fact, also known as a point of fact, is one that must be addressed in the context of relevant facts, supporting evidence, and conclusions drawn from those facts. A question of law, on the other hand, requires the application of pertinent legal principles to be resolved.
Q. What does burden of proof means?
Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tribunal.
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