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:
- All declarations that witnesses are allowed or must make in front of the
court concerning the facts being investigated; these statements are referred
to as oral evidence; and
- All documents, including digital records, that are produced for the
court's inspection; these documents are referred to as documentary evidence.
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
Conducting our business over telecom services has become both convenient and
volatile in recent years due to the rapid expansion of the technological sector.
According to Section 5(2) of the Indian Telegraph Act of 1885, both the Central
and State governments have the authority to record telephone conversations. In
accordance with Section 65B of the Indian Evidence Act, electronic evidence is a
novel way to present evidence to the court.
The meaning of an electronic record in Section 2 of the Information Technology
Act, 2000 specifies that it includes sound that has been stored, obtained, or
sent electronically. Furthermore, the law governing the modification of recorded
digital evidence is covered by Section 85B of the Indian Evidence Act, 1872. A
digital signature serves as a gauge for this electronic document's reliability
and validity. To sign the document, the signature must be appended.
The Supreme Court accepted a telephone recording of a conversation between two
parties in S. Pratap Singh v. the State of Punjab
considering the significance of taped conversations as evidence. The
conversation that the parties claimed to have had was later illegally acquired
and admitted into evidence. Only because they aided in the prosecution's case
for conviction did the court accept illegally obtained taped conversations. Only
because it assisted in settling the case was the provided evidence accepted.
In Rayala M. Bhuvaneswari v. Nagaphamender Rayala
(2008), the petitioner
asked for his wife's divorce based on a hard disk containing recordings of his
wife's phone calls with her family. Even though the wife disagreed with some of
the material of the recordings, the court ruled that the marriage between the
husband and wife is sacred and that the husband's call recording violates the
wife's right to personal liberty and privacy.
Law enforcement viewed the husband as a criminal because he used illegal methods
to get divorce evidence. In addition, he recorded her calls without her
permission, which is unlawful and indecent. The judge ruled that marriage is no
longer necessary since the husband cannot respect the wife.
The recording of evidence reveals the strength of judgement. Numerous essential
aspects of criminal and civil trials include how evidence is collected and
recorded. Through the sight of the trial judges, the court examines the evidence
and renders decisions on the cases. The presiding judge may examine the evidence
presented by both parties. A judge should be well-versed in the law and skilled
in keeping evidence records and safeguarding innocent parties.
The foundation of an investigation is the initial crime scene recording. There
are many different sources of evidence, ranging from examining witnesses to
checking and assessing tangible items found during the case.Even connections
between people, places, and things within the crime's timeline of events might
be included. The court can deduce conclusions and prove the charge beyond
possible suspicion using various pieces of evidence.
Award Winning Article Is Written By: Mr.Kishan Dutt Kalaskar
Authentication No: OT42764163208-29-1022