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[ CRIME NEVER DIES -PART 2 ]

The word “ evidence” is originated from a Latin term “evidential” which means to show clearly or to make clear to the sight to discover clearly anucertain to ascertain or to prove it.

According to section 3 of the Indian Evidence Act, 1872 defines Evidence as – “––“Evidence” means and includes ––(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the Court; such documents are called documentary evidence.” to law.

Some important sections of Indian evidence act which is useful in corrborating forensic cases includes –

Section 27 – How much of information received from accused may be proved.
Section 28 – Confession made after removal of impression caused by inducement, threat or promise, relevant.
Section 31 – Admissions not conclusive proof but may estop.
Section 32 – Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant.
Section 40 to Section 44 – Judgments of Courts of Justice, When Relevant.
Section 45 – Opinions of experts.
Section 47 – Opinions as to handwriting when relevant.
Section 51 – Grounds of opinion when relevant.
Section 52 to Section 55 – Character When Relevant.
Section 56 to Section 58 – Facts Which Need Not be Proved.
Section 59 – Proof of facts by oral evidence.
Section 60 – Oral evidence must be direct.
Section 62 – Primary evidence.
Section 63 – Secondary Evidence.
Section 65 – Cases in which secondary evidence relating to documents may be given.
Section 65B – Admissibility of electronic records.
Section 74 – Public documents.
Section 75 – Private documents. (Difference between Public and Private Documents.)
Section 90 – Presumption as to documents thirty years old.
Section 91 – Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents.
Section 110 – Burden of proof as to ownership.
Section 118 – Who may testify?
Section 119 – Witness unable to communicate verbally/Dumb witness.
Section 123 – Evidence as to affairs of State.
Section 124 – Official communications.
Section 132 – Witness not excused from answering on ground that answer will criminate.
Section 133 – Accomplice.
Section 134 – Number of witnesses.
Section 137 – Examination-in-chief.
Section 141 – Leading questions.Section 142 – When they must not be asked.
Section 143 – When they must be asked.
Section 145 – Cross-examination as to previous statements in writing.
Section 151 – Indecent and scandalous questions.
Section 157 – Former statements of witness may be proved to corroborate later testimony as to same fact.
Section 167 – No new trail for improper admission or rejection of evidence.

Some general rule is also that evidence of the defendant’s character and previous convictions will not be admitted at trial ( Art 138 of cr.p.c and Rule-145 of DER)

The things must be considered to call it as an evidence –
• Is it written documentation ?,
• Is it expert testimony?
• is it hearsay (oral uncorroborated statements)?
• how it could be corroborated with suspected crimes.
• And moreover his/ her admissibility in the courtroom.

There are five properties of evidence that makes it certain Which includes – Admissibility, Authenticity, Complete, Reliable and Believable.

The types of evidence recognized by the courts include demonstrative, real, testimonial and documentary. Also there are other types of evidences like The probative value of evidence, Relevant evidence ,Direct evidence,Circumstantial evidence, Inculpatory evidence.Exculpatory evidence,Corroborative evidence,Disclosure of evidence,Witness evidence,Hearsay evidence,Search and seizure of evidence and finally Exclusion of evidence.

All these evidences one or the other ways plays its role in criminal and civil proceedings or trials The process of proof of evidence should be regulated by evidentiary rules and principles in order to achieve accelerated, fair and economic Justice. In both criminal and civil proceedings, the law of evidence has a number of purposes. In short, the law of evidence regulates the process of proof. The rule of civil and criminal evidence, in conjunction with the rules of procedure, establish the frame work for the process of proof and the conduct of litigation, so that a lawyer advising his client or preparing his case for trial or presenting it to the court or tribunal will know what issues his client must prove in order to succeed.

For presenting evidence in the court there are three primary standards of proof.

They are –

1.proof beyond a reasonable doubt,

2.preponderance of the evidence and clear and

3. convincing evidence.

The law of evidence also has amoral purpose by establishing and regulating the rules relating to the process of proof in proceedings in courts and tribunals. Whilst this moral dimension is important in civil proceedings, it has special currency in criminal cases as it reflects the powerful public interest in bringing the guilty to justice, whilst allowing the innocent to go free. In some cases the rules of evidence may actually prevent the truth from being discovered in the wider public interest. Moreover, especially in criminal cases, law of evidence stands to protect the accused’s right to a fair trial.

Thus , Evidence altogether forms the key element in determining the guilt or innocence of those accused of the crimes against society in a criminal court of law. But in order to understand its magnitude and necessity of evidence as it is related to the criminal justice system one must understand the key issues or points regarding evidence very minutely.

So evidence always forms the building blocks of any investigative process.as it the assertions of fact that may be submitted to a competent tribunal .
And for the final product to be built properly, evidence must be recognized, collected, documented, protected, validated, analyzed, disclosed, and moreover presented in a manner which is acceptable to the court.

Reference
1.https://www.bartleby.com/essay/The-Role-of-Evidence-in-the-Criminal-F3CFL2PYTC
2.https://pressbooks.bccampus.ca/criminalinvestigation/chapter/chapter-3-what-you-need-to-know-about-evidence/
3.https://www.abyssinialaw.com/about-us/item/932-meaning-and-nature-of-evidence-law

@MANISHANANDAN