Evidence has most important role in administration of justice. Basically we can say that evidence is the foundation of justice, no justice can be provided unless the judiciary knows the facts of the case, and obviously for knowing the facts of the case evidence has to be produced before the honorable court. The evidence are produced by the parties so that they can prove their point andd thereby convince the court that they are rightful to get the decision in their favor.Ramjas Versus Surendranath (AIR 1980 Allahabad 385) - The Allahabad High Court has said that the Evidence Law provides a way to the courts. It propounds (law dict meaning: offers for consideration) such rules which can comfortably conduct administration of justice.Defination of Evidence:
The word evidence has originated from a latin word 'Evidece' which means to prove any fact by legal resources.
Section 3 of Indian Evidence Act, 1872 defines 'Evidence' as folows:Question. Can the affidavits be considered as evidence ?
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 Evidences.
2. All documents produced for the inspection of the court, such documents are called Documentry Evidences.
Answer. Although the affidavits cannot be considered to be evidence, but it may become if the court requires it to be so.
Law Authority:
Ghanshyam Kishore Vajpayee Versus State of U.P (AIR 2005, Allahabad 65)
The Allahabad High Court did not help the newspaper to be any Evidence.
Principles of Evidence:
The English law that have a great impact on the Indian law has mentioned certain inherent principles of Evidence. These principles are following:
- Evidence must be limited the fact;
- Hearsay evidence must not be included int it;
- Best evidence must be produced in all cases
A Bio Informatician, MCSE, technology developer, Attorney & founder of GeekUpd8. He is currently practicing as an Attorney.
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