SEM VI Law of Evidence – Unit III Class Notes

SEM VI Law of Evidence – Unit III Class Notes

Character Evidence

• Meaning:
  • Definition: Evidence related to a person's character or past conduct.
  • Usage: Character evidence can be used to infer whether a person acted in a particular way during the events in question.
• Evidence in Civil and Criminal Cases:
  • Civil Cases: Generally, character evidence is not admissible to prove the conduct of a party unless character is directly at issue.
  • Criminal Cases: Character evidence is more commonly admissible in criminal cases to prove the conduct of the accused.

Examples:

• Civil Cases: Evidence of a person's good or bad character is typically not admissible to influence a civil dispute unless it is directly related to the case.
• Criminal Cases: Evidence that an accused has a history of similar crimes may be admissible to show their propensity to commit the crime charged.

English Law on Character Evidence (Sections 52-55)

• Section 52: Prohibits the use of evidence related to a person's character to prove conduct on a particular occasion, except in specific circumstances.
• Section 53: Allows evidence of the character of an accused to be introduced by the accused themselves.
• Section 54: Prohibits evidence of the character of the victim in a criminal case, except where relevant to the defense.
• Section 55: Permits evidence of the character of the accused to rebut evidence of the victim’s character.

Examples:

• Section 52: A person’s general reputation is not admissible to prove their actions on a specific day.
• Section 53: An accused can introduce evidence of their good character to support their defense.

Oral and Documentary Evidence

• Oral Evidence:
  • Definition: Evidence given by a witness in the form of spoken words in court.
  • General Principles: Must be relevant, credible, and based on the witness’s own knowledge.
• Documentary Evidence:
  • Definition: Evidence presented in the form of documents, such as contracts, letters, or official records.
  • General Principles: Must be authentic, relevant, and properly presented according to the rules of evidence.

Examples:

• Oral Evidence: Testimony of a witness who saw the incident occur.
• Documentary Evidence: A signed contract that proves the terms agreed upon by parties.

Introduction on Proof of Facts

• Proof of Facts:
  • Definition: Establishing the facts of a case through evidence.
  • Standards of Proof: The burden of proof depends on whether the case is civil or criminal.

Examples:

• Civil Case: The plaintiff must prove their case by a preponderance of the evidence.
• Criminal Case: The prosecution must prove the case beyond a reasonable doubt.

General Principles Concerning Oral Evidence (Sections 59-60)

• Section 59: Oral evidence must be direct and based on the witness’s own knowledge.
• Section 60: Witnesses must testify to facts they have perceived, not hearsay or opinions.

Examples:

• Section 59: A witness describing an event they personally witnessed.
• Section 60: A witness cannot testify about what someone else told them about an event.

General Principles Concerning Documentary Evidence (Sections 61-90)

• Section 61: Documents must be the best evidence available. Originals are preferred over copies.
• Section 62: Original documents are the primary evidence. Copies can be used if originals are not available.
• Section 63: Certified copies of documents can be used if originals are not available.
• Section 64: Documents must be proved by their production, unless an exception applies.
• Section 65: Exceptions to the rule of original documents include loss or destruction of the original.

Examples:

• Section 61: Presenting the original contract rather than a photocopy.
• Section 65: Using a certified copy of a document if the original is lost.

General Principles Regarding Exclusion of Evidence (Sections 91-100)

• Section 91: Oral evidence cannot be used to contradict or vary the terms of a written document.
• Section 92: Evidence of oral agreements or statements that contradict written agreements is inadmissible.
• Section 93: Evidence of contemporaneous documents is admissible if it relates to the subject matter.
• Section 94: Evidence cannot be excluded on the basis of a claim that it is not relevant if it is related to the matter in dispute.
• Section 95: Privileged communications are generally excluded from evidence.
• Section 96-100: Cover issues related to relevancy, judicial notice, and other specific rules governing the exclusion of evidence.

Examples:

• Section 91: A party cannot use oral testimony to dispute the terms of a written contract.
• Section 92: A written agreement cannot be challenged by oral evidence of an agreement made prior to or at the time of signing the written document.