Private: Evidence Law Content
Meaning, Nature & Scope of Law of Evidence
The word ‘evidence “is derived from the Latin word evider, which means to show clearly; to make clear to the sight ; to discover clearly; to make plainly certain ; to ascertain ;to prove. So evidence is about proving or disproving facts in issue , the means by which such facts come to be proved or disproved.
Black’s Law Dictionary has defined the evidence as something including testimony documents and tangible objects) that tends to prove or disprove the existence of an alleged fact.E.g.the bloody glove is the key piece of evidence for the prosecution .Evidence is the demonstration of a fact , it signifies that which demonstrates makes clear or ascertains the truth of the very fact or p0int in issue.
Moonir states that “The term evidence in its legal and general acceptation includes all means by which alleged fact is proved or disproved to the satisfaction of the court”.
Phipson states that –Evidence means the testimony whether oral, documentary ,real which may be legally received in order to proved or disproved some fact in issue”.
As per the Indian Evidence Act,1892 Evidence means;
1.All statements which the court permits or requires to be made before it by witness in relation to matter of fact under enquiry such statements are called oral evidence.
2.All documents produced for the inspection of the court , such documents are called documentary evidence.
Black stone says that which demonstrates, makes clear or ascertain the truth of facts or points in issue either or one side or other .
Evidence Act of Nepal 2031 does not define about the meaning or definition of evidence.
In conclusion evidence means to prove or disprove , fact in issue is evidence and in another word it called relevant fact.
b. General principle of the law of evidence:
The evolution of evidence law is based on certain basic principles . These are knowing as “five principles” as
1. Best evidence must be produced in all cases: Where there is possibility of availability of best evidence the court insist on its production. The court would not consider other inferior evidence . Direct evidence is regarded as best evidence.
2. Hearsay is no evidence: Generally hearsay evidence is discarded in the trial , where there is possibility of availability of direct evidence. So it is the negative expression of the first principle state above. There are several exceptions to this rule.
3.He who sets the law in motion must establish his case himself: The rule concerns with burden of proof .The Prosecution in criminal proceeding and the Plaintiff in civil proceeding must establish his case by evidence before hearing the other party.
4.In criminal proceeding guilt must be proved beyond the reasonable doubt .Where there is doubt benefit of doubt goes to the accused.
5.In civil proceeding the case may be adjudicated on balance of probability: The party wins the case who is able to adduce more evidence compare to his opponent.
c.Nature and scope:
Evidence law is generally used in court. Its scope is very much high and broad. Generally it comes to use in two sectors as Judicial and Quasi Judicial.
- In civil case: Law of evidence is playing vital role. If Plaintiff comes to court and ask for Justice then he/she shall give evidence. If can not able to produce evidence , then he/she lost his/her case. In other hand if Plaintiff produced evidence against the defendant then defendant shall also produce his/her evidence against plaintiff.
2. In criminal case:
Law of evidence playing most important role in criminal case as well as civil case. If anyone frames charge-sheet against anyone, the framer shall produce evidence.If someone takes plea of innocent then he/she shall produce evidence of innocence.
Quasi Judicial Sector:
Administrator has jurisdiction to see certain case. As per the Interim Constitution of Nepal 2007(2063) Article …. Called them Judicial Institutions. They have to follow due process of law; it means evidence law is necessary them too.