Factors and Legal Principles for Determining Admissible Evidence


Determining admissible evidence under Indian law involves several factors and legal principles outlined in the Indian Evidence Act, of 1872. Here's a breakdown of key points:

Admissibility Criteria:

  • Relevance: The evidence must be logically connected to the fact it intends to prove and have a bearing on the case. Irrelevant evidence is inadmissible.
  • Reliability: The evidence must be trustworthy and credible, established through proper procedures and sources. Hearsay evidence, for example, is generally inadmissible unless falling under specific exceptions.
  • Legality: The evidence must be obtained through lawful means. Evidence obtained through illegal methods,like violating search and seizure procedures, can be excluded.
  • Compliance with specific rules: Different types of evidence, like documents, expert opinions, or electronic records, have specific rules for admissibility outlined in the Evidence Act and other relevant laws.

Examples of Admissible Evidence:

  • Witness testimonies under oath, if relevant and truthful.
  • Documents like contracts, receipts, photographs, or public records, proven genuine and obtained lawfully.
  • Expert opinions based on relevant expertise and established methodologies.
  • Electronic records that meet legal requirements for authenticity and integrity.

Examples of Inadmissible Evidence:

  • Hearsay evidence (secondhand information) unless falling under specific exceptions.
  • Character evidence of parties unless relevant to the specific issue in dispute.
  • Opinions not based on expertise or proper foundation.
  • Evidence obtained through illegal means, like forced confessions or illegal recordings.

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