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Evidence - Meaning and Importance

The document discusses the meaning and importance of evidence in a court of law. It states that evidence is anything presented to a court that could change their belief about a factual proposition in dispute. The functions of the court are to ascertain facts and apply the law. For this, the court must collect, analyze and evaluate the evidence presented by parties. The Indian Evidence Act of 1872 provides rules for what facts can be proved, what types of evidence is admissible, and who can present evidence. The goal of evidence is to assist the court in determining the truth of what occurred within the limited scope of their inquiry.

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Sanjana Singh
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358 views10 pages

Evidence - Meaning and Importance

The document discusses the meaning and importance of evidence in a court of law. It states that evidence is anything presented to a court that could change their belief about a factual proposition in dispute. The functions of the court are to ascertain facts and apply the law. For this, the court must collect, analyze and evaluate the evidence presented by parties. The Indian Evidence Act of 1872 provides rules for what facts can be proved, what types of evidence is admissible, and who can present evidence. The goal of evidence is to assist the court in determining the truth of what occurred within the limited scope of their inquiry.

Uploaded by

Sanjana Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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Meaning and Importance

Dr Nandini C P
Why Evidence ?
So the court attempts to informs itself of the
existence of these facts is called EVIDENCE.
The functions of Court of Justice are two-fold:-
i) To ascertain the existence or non existence of
certain facts, and
ii) To apply the substantive law to the ascertained
facts and to declare the rights and liabilities of
the parties. For this, the court has to collect,
peruse, analyse and sift the evidential material
brought before it.
What does it do????
• English meaning .....the available body of facts
or information indicating whether a belief or
proposition is true or valid.
• It is anything which tends to persuade on
inquirer by the ..... E.g Train....

Existence ●
Fact

Non- existence ●Fact


Evidence
• Any material which has the potential to
change the state of a fact finder’s belief with
respect to any factual proposition which is to
be decided and which is in dispute
• The lawyers and students of law have in mind
the law of evidence and not evidence itself
• In real practice it is important to adduce
evidence as a rules of practice
Collection of Rule
• Evidence is thought as a collection of rules
Rule 1

Rule 2
Gover What
ning materi
what als
facts should
may be
be placed
prove before
d in the
court court
What for???
• Getting to the Truth- in the sense only in the limited sense
• Evidence can give a wrong answer.... even without
ceasing to be evidence
• Can it wait for the truth till future events ? If the truth
illuminates...
What is truth? Jesting Pilate
• “No mortal man can hope to get at the truth of any
occurrence completely and utterly, and a court is not
even claiming to do what”
• Examine as to what parties are it to look into
• Inquiry is limited in scope
Meaning
• “The word ‘evidence’ includes all legal means, exclusive of
mere arguments, which tend to prove or disprove any matter
of fact, the truth of which is submitted to judicial
investigation.”
• ‘Evidence’ is derived from the Latin term “Evidere” – “to
show clearly, to make plainly certain, to ascertain, to prove”
• Taylor says – (functional description of court process)
• PROOF IS THE END AND EVIDENCE IS THE MEANS TO PROOF.
• In the Indian Evidence Act,1872, the word ‘Evidence’ is used
in the sense of “Means”.
Why court takes evidence ?
• Evidence is to a judicial investigation........ what
Logic is to reasoning.
• Ascertaining controversial questions of fact in
judicial proceeding
• Technically it is used for some external thing,
other than the direct perception of the inquirer
• Perception e.g.------ Cockroaches in kitchen
• Court will not be conducting a scientific
investigation..
The field is a mixture of....
• Logic
• Epistemology
• Sociology
• Psychology
• Forensic sciences
Other subjects– are also to be used...
The main concern is the use of evidence as
material in the reconstruction of past events
IEA, 1872
• The Indian Evidence Act, 1872 is divided into 3
parts, 11 chapters and comprises of 167 sections.
• Part-I answers the question ‘what facts may or may
not be proved?’ (Ch.I & II – Ss-1 to 55)
• Part-II deals with ‘what sort of evidence is to be
given of these facts?’ (Ch.III – VI Ss-56 to100)
• Part-III covers ‘by whom and in what manner the
facts are to be proved?’ (Ch-VII to XI; Ss-101 to 167)
• Sec-5 to 55 deal with RELEVANCY and
• Sec-56 to 167 deal with the ADMISSIBILITY.

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