A court's responsibility is to discover the truth and further the interests
of justice. Courts give precise, relevant facts and evidence that is recorded in
a understandto uncover the truth.
Evidence is defined as follows in Section 3 of the Indian Evidence Act:
Three main principles serve as the foundation of evidence law: Evidence
should be concerned with the issue in the case; Unsubstantiated evidence is not
admissible as evidence, and there should always be an effort to present the most
substantial possible proof in every circumstance.
Section 275(1) of the Code of Criminal Procedure, 1973 states that in all warrant cases, the testimony of each witness must be recorded in writing either by the Magistrate, at his order, or if he is physically or mentally incapable of doing so, by an officer of the court who he has designated to act on his behalf. The Magistrate must sign and record the memorandum of the substance of the evidence in the court's official language as per section 274.
Section 273 specifies when the suspect's personal attendance is waived, it is required that all evidence be documented in his presence and the appearance of his pleader as long as the audio-visual evidence of witnesses used in this subsection is recorded.
The court noted in R v. Daye (1908) that the rungs bakers and milkmen carved into the wood to denote the quantity of bread or milk supplied are documents. Paper is not the only surface that can be inscribed with writing or marks. The term "document" refers to writings, words in pictures, maps, arrangements, and manuscripts on metallic surfaces.
The Magistrate is allowed by Section 275 (3) to record the evidence as a set of inquiries and answers. The recording of evidence presented to the session court must comply with Section 276 and take the form of a narrative. Any piece of evidence that the presiding officer chooses to record in the manner of a query and answer must be signed by him.
An essential component of a trial is the examination and cross-examination of witnesses. Witness testimonies are among the most trustworthy forms of evidence because the person providing the testimony saw the incident firsthand-the Evidence Act of 1872's Sections 135 to 165 address the questioning and cross-examining of witnesses.
Evidence is only legally valid under Section 5 of the Evidence Act of 1872 when used to support a material fact in the case. The court must agree that the evidence is pertinent and set up the relevant fact at issue for it to be admitted in court. Section 8 further stipulates that the judge may inquire of the parties as to whether or not the evidence they have presented relates to a relevant fact.
Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar
Authentication No: OT42764163208-29-1022
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