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Law of evidence lay rules for the production of evidence in the court of law

Law of evidence lay rules for the production of evidence in the court of law. EVIDENCE ACT.

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Law of evidence lay rules for the production of evidence in the court of law

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  1. Law of evidence lay rules for the production of evidence in the court of law EVIDENCE ACT

  2. AllSTATEMENTS which the court permits or requires to be made by witness andAll DOCUMENTS produced for the inspection of the court in relation to matter of fact under inquiry (QANOON-E-SHAHADAT sec 2, sub. Sec c)

  3. Fact in an issuethat include anything, state of thing or relation of things capable of being seen, heard or perceived through senses(QANOON-E-SHAHADAT sec 2, sub. Sec d) EVIDENCE

  4. DEFINITION Fact in an issue that is presented in the Court of law to prove or rebut allegation The purpose is to lay before the court all that the witness know without omitting any vital portion for any reason A simple description of truth so transparently honest in its description that its integrity is beyond doubt. Clear, concise (talk sense), factual & relevant Given in person, orally and on oath in the presence of accused with an opportunity of cross examination

  5. Hear-say evidence is not admissible “PROVISO” 1.When it is impossible to produce the witness2.When the evidence is non-controversial To cater for these situations, law has provided certain exceptions i.e. Dying Declaration, Written documents,

  6. DYING DECLARATION Written or verbal statement of a person whose death is imminent regarding the circumstances related to his condition • Grounds for admissibility • Injured person (principal witness) is dead • 2. It is presumed that impending death impels the injured person to speak truth Formalities of Oath and Cross Examination are excused

  7. Cont:- Conditions necessary for acceptance • Must be a criminal case of homicide • Death be the subject of charge and circumstances of death be the subject of declaration • Words used must be of the deceased and if questions are asked they should be recorded with answers • Declarant must actually believe that he is dying with no hope of recovery whatsoever • It should be read over to him and if possible signed • Advisable to be recorded in the presence of two respectable witnesses and sent immediately to illaqa magistrate under seal cover

  8. DYING DEPOSITION Statement of a dying / seriously ill person on oath in the presence of accused with an opportunity to cross examination

  9. TYPE OF EVIDENCE • Direct Facts (eye witness) • Indirect Related facts (circumstantial) • Oral • Documentary • Primary (original) • Secondary (photocopy) Medical evidence • Direct where facts are observed • Indirect where inferences are drawn

  10. Circumstantial evidence:- A fact from which some other fact is inferred. Inceptive evidence:- Evidence on which the investigation is based. Corroborative evidence:- Comes after a successful investigation.

  11. WITNESS • Common: Who testify only observed facts • Expert: Who is trained to draw conclusion / Inferences from the observed facts RECORDING OF EVIDENCE (Testimony) • RECORDED ON OATH IN THREE STAGES • Examination in chief • Cross examination • Re-examination

  12. Examination in chief • First examination of the witness conducted by the prosecution • The idea is to elicit facts • Deposed facts must be with in his memory and recollection • No one except the expert • witness is allowed to refer to • his written notes • Leading questions are not • allowed

  13. Cross - Examination • Conducted by the defense • The objective is to establish credibility of the witness, accurance of facts and to bring out willful omissions, which are made in examination in chief • Leading questions are allowed • No time limit

  14. Re - Examination • By the council who did examination in chief • The idea is to provide an opportunity • to rectify discrepancies that may have occurred due to cross-examination Court / Judge can ask questions at any stage

  15. GUIDING PRINCIPLES FOR GIVING TESTIMONY IN A COURT OF LAW • Exhibit gestures of complete impartiality • Good pretrial preparations • The mechanisms of testifying • Always address the court • Speak slowly, loudly, clearly in non technical language exhibiting verbal simplicity • Should not evade questions, accept if do not know the answer • Volunteer no information (no lecture) • Answer responsively (nothing more nothing less) • Do not become emotional even on personal remarks/question • If a book or reference is presented – go through the contents, edition etc. before offering comments • Finally seek permission and settle fee issues before leaving the court

  16. Thanks

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