Description
As per Norton, the Law of Evidence is the most important branch of the adjective law. Commonly, adjective law defines the procedure, pleadings, and proof by which the substantive law is applied in practice. Evidence is defined by Bentham as any matter of fact, the effect, tendency, or design of which is to produce in
the mind a persuasion affirmative or disaffirmation of the existence of some other matter of fact. Rules regarding judicial evidence may be generally divided
into those relating to the quid probandum Or thing to be proved and those relating to the modus probandi or modes of proving. Evidence is the most important facet of a trial. The evidence of a fact is that which tends to prove it, something which could satisfy an enquirer of the existence or non-existence of the fact. Every fact has to be proved by some sort of evidence or testimony from a competent witness.
The object of rules of evidence is to help the Courts to ascertain the truth, prevent protracted inquiries, and to avoid confusion in the minds of judges, which may result from the admission of evidence in excess. One should bear in mind that if every circumstance which might tend to throw light on the matter in issue were to be let in, trials would be protracted to an intolerable length. Following are the three main principles that underlie the Law of Evidence: –
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