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:
- 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.