Question:-
What do you mean by the law of evidence? State the function of the law of
evidence in judicial enquiries. What are the cardinal rules of that law?
Answer:-
Law of Evidence defined
M. Monir- Chief Justice M.
Monir defines the Law of Evidence “as a system of rules for ascertaining
controverted question of fact in judicial enquiries. It bears the same relation
to a judicial investigation as logic to reasoning.”
J.
Stephen – Sir James Stephen observes that “the Law of Evidence
is that part of the law of procedure which with a view to ascertain individual
rights and liabilities in individual
cases, decides-
(1) What facts may and what may not be
proved in such case;
(2) What sorts of evidence must be given
of a fact which may be proved; and
(3) By whom and in what manner the
evidence must be given by which any fact is to be proved.”
California
C.P. Code. – According to the California Code of
Civil Procedure, the Law of Evidence is a collection of general rules
established by law –
(1) For
declaring what is to be taken without proof;
(2) For
declaring the presumption of law , both those which are disputable and those
which are conclusive;
(3) For
the production of legal evidence;
(4) For
determining, in certain cases, the value and affect of evidence.”
(5) For
determining, in certain cases, the value and the affect of evidence.
Underlying
Principles
The law of evidence determines—
(1) What sort of facts may be proved in order to establish the existence of that which is defined by substantive law as conclusive;
(2) What sort of proof is to be given of those facts;
(3) Who is to give it;
(4) How is to be given
Thus, before the law of evidence can be
understood or applied to any particular case, it is necessary to know so much
of the substantive law as determines what, under given state of facts, would be
the rights of the parties, and so much of the law of procedure as is sufficient
to determine what question it is open to them to raise in the particular
proceeding.
Function
of the Law of Evidence in judicial enquiries- The most important branch of
adjective law.- The Law of Evidence is the most
important branch of adjective law. “It is to legal practice what logic is to
all reasoning” as pointed out by an
eminent writer. Without it, trials might be infinitely prolonged to the great
detriment of the public and the vexation and expense of suitors. It is by this,
that the Judge separates the wheat from the chaff amongst the mass of facts
that are brought before him, decides upon their just and material bearing ;
learns to draw correct inferences from circumstances and to weigh the value of direct
testimony. It is by this guide that he is able to tread his way with
comparative safety among the burning ploughshares of perjury, forgery and fraud
that beset his footstep and to test his judgment on a basis of probabilities at
least comparatively satisfactory to his mind.
Functions
of courts. – The functions of courts of justice are
to ascertain the existence or non – existence of certain facts and to apply substantive law to
ascertained facts and to declare the rights of liabilities of parties is respect of those facts. Before
a court can apply the substantive law it has to sift out from a mass of
contradiction, misconception, error, sometimes dishonesty fraud and falsehood,
the true facts to which the substantive law is to be applied. The first and
essential step towards a right adjudication is, therefore, to ascertain the
facts correctively.
Cardinal
Rules.- There are three cardinal rules of the Law of
Evidence, viz.,
(i) Evidence must be confined to the matters
in issue, i.e. only relevant facts are to be admitted in evidence.
(ii)
Hearsay evidence is not to be admitted.
(iii)
In all cases the best evidence must
be given.
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Dr. Deepak Miglani, Email id.:-
legalbuddy@gmail.com
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