Rules of evidence
Rules of Evidence: Overview
1. What are Rules of Evidence?
They are legal principles that determine:
What evidence can be presented in court,
How that evidence must be collected, presented, and evaluated,
What weight the evidence should carry,
What evidence is inadmissible or irrelevant.
2. Purpose of Rules of Evidence
Ensure fair trial by excluding unreliable or prejudicial evidence.
Protect rights of parties.
Help the court arrive at truth based on reliable facts.
Maintain order and efficiency in judicial proceedings.
3. Types of Evidence
| Type | Description |
|---|---|
| Oral Evidence | Testimony given by witnesses verbally in court. |
| Documentary Evidence | Written or recorded documents presented in court. |
| Real Evidence | Physical objects related to the case. |
| Demonstrative Evidence | Evidence that demonstrates or illustrates a fact (e.g., charts, models). |
4. Basic Principles / Rules of Evidence
a. Relevance
Evidence must be relevant to the facts of the case.
Irrelevant evidence is inadmissible.
b. Admissibility
Evidence must meet legal criteria to be accepted.
Some evidence may be excluded due to legal privileges or rules.
c. Best Evidence Rule
Original documents must be produced when the contents are disputed.
Copies are generally not accepted unless originals are unavailable for valid reasons.
d. Hearsay Rule
Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible.
There are many exceptions (e.g., dying declarations, admissions).
e. Opinion Evidence
Witnesses generally cannot give opinions, except for expert witnesses qualified to give specialized opinions.
f. Burden of Proof
The party who asserts a fact must prove it (usually the prosecution in criminal cases or plaintiff in civil cases).
g. Presumption
Some facts are presumed to be true until disproved (e.g., presumption of innocence).
5. Common Exceptions to General Rules
Hearsay exceptions: Statements made under special circumstances.
Confessions and admissions: Statements by parties involved.
Res gestae: Statements made at the time of the event.
Expert testimony: Opinions based on specialized knowledge.
Character evidence: Sometimes admissible to prove motive or intent.
6. Standard of Proof
Criminal cases: Proof beyond reasonable doubt.
Civil cases: Proof on the balance of probabilities.
7. Examples of Legal Frameworks
India: Indian Evidence Act, 1872.
U.S.: Federal Rules of Evidence.
U.K.: Common law rules and the Criminal Procedure Act.
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