Evidence Law Notes for Evidence Law Notes

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Physical evidences Definition and Application

The evidence ,which can be touched, seen , smell or any evidence which gives the relevancy with the fact of scene of crime is known as physical evidence. Physical evidences are directly link up the scene of crime. It consists in providing the presence of suspect at the scene of crime or in showing that an object which can be conclusively linked with him/her in some way was used in the commission of crime. Physical evidence is reliable evidence, which can prove the presence of offender in scene of crime, the notion behind this is “every contact leaves trace”. Physical evidences are left by the offender at a time of occurrence of crime, and take something from the body or scene of crime which was not before.

Generally we can found two types of evidence within the physical evidence having class character, and evidence having individual character. From the evidence having class character, the offender can not find exactly. Class character denotes the evidence found in scene of crime , which can be used by a large number of people .Such as, shoe marks, tire marks, and so on. But in individual character evidence , investigator can find out the offender exactly. Individual character evidence can not be found in repeated form and it poses the unique in nature, it can not be duplicated and can not be found another similar potential value, such as finger print, foot print and palm print. To fully appreciate the potential value of physical evidence , the investigator must understand difference between class character and individual character of physical evidence that are termed class character.

Evidence with high degree of probability , as original with a particular source. The ability to established individuality distinguishes this type of physical evidence from that possessing only class characteristics. Such as finger print, foot print and palm print.

Application of Physical Evidence:

Physical evidence has unique in nature and which can not duplicate by any one. It has individual nature and distinct from any other person. In Nepalese context, the uses of physical evidence to convict suspect is very poor. Nepalese criminal justice system is based on confession , so criminal justice system of Nepal has to develop to collect the best evidence. We get exceptional case of using the physical evidence to convict the suspect. If the physical evidences are use to convict the suspect the possibility of punishing the innocent will be reduced.

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