EVIDENCE ACT Law of evidence lay rules for

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EVIDENCE ACT Law of evidence lay rules for the production of evidence in the

EVIDENCE ACT Law of evidence lay rules for the production of evidence in the court of law

All STATEMENTS which the court permits or requires to be made by witness and

All STATEMENTS which the court permits or requires to be made by witness and All DOCUMENTS produced for the inspection of the court in relation to matter of fact under inquiry (QANOON-E-SHAHADAT sec 2, sub. Sec c)

EVIDENCE Fact in an issue that include anything, state of thing or relation of

EVIDENCE Fact in an issue that include anything, state of thing or relation of things capable of being seen, heard or perceived through senses (QANOON-E-SHAHADAT sec 2, sub. Sec d)

DEFINITION Fact in an issue that is presented in the Court of law to

DEFINITION Fact in an issue that is presented in the Court of law to prove or rebut allegation The purpose is to lay before the court all that the witness know without omitting any vital portion for any reason A simple description of truth so transparently honest in its description that its integrity is beyond doubt. Clear, concise (talk sense), factual & relevant Given in person, orally and on oath in the presence of accused with an opportunity of cross examination

q Hear-say evidence is not admissible “PROVISO” 1. 2. When it is impossible to

q Hear-say evidence is not admissible “PROVISO” 1. 2. When it is impossible to produce the witness When the evidence is non-controversial To cater for these situations, law has provided certain exceptions i. e. Dying Declaration, Written documents,

DYING DECLARATION Written or verbal statement of a person whose death is imminent regarding

DYING DECLARATION Written or verbal statement of a person whose death is imminent regarding the circumstances related to his condition Grounds for admissibility 1. Injured person (principal witness) is dead 2. It is presumed that impending death impels the injured person to speak truth Formalities of Oath and Cross Examination are excused

Cont: - Conditions necessary for acceptance q Must be a criminal case of homicide

Cont: - Conditions necessary for acceptance q Must be a criminal case of homicide q Death be the subject of charge and circumstances of death be the subject of declaration q Words used must be of the deceased and if questions are asked they should be recorded with answers q Declarant must actually believe that he is dying with no hope of recovery whatsoever q It should be read over to him and if possible signed q Advisable to be recorded in the presence of two respectable witnesses and sent immediately to illaqa magistrate under seal cover

DYING DEPOSITION Statement of a dying / seriously ill person on oath in the

DYING DEPOSITION Statement of a dying / seriously ill person on oath in the presence of accused with an opportunity to cross examination

TYPE OF EVIDENCE q Direct q Indirect Facts (eye witness) Related facts (circumstantial) q

TYPE OF EVIDENCE q Direct q Indirect Facts (eye witness) Related facts (circumstantial) q Oral q Documentary Ø Primary (original) Ø Secondary (photocopy) Medical evidence q Direct q Indirect where facts are observed where inferences are drawn

Circumstantial evidence: - A fact from which some other fact is inferred. Inceptive evidence:

Circumstantial evidence: - A fact from which some other fact is inferred. Inceptive evidence: - Evidence on which the investigation is based. Corroborative evidence: - Comes after a successful investigation.

WITNESS q Common: Who testify only observed facts q Expert: Who is trained to

WITNESS q Common: Who testify only observed facts q Expert: Who is trained to draw conclusion / Inferences from the observed facts RECORDING OF EVIDENCE (Testimony) RECORDED ON OATH IN THREE STAGES q Examination in chief q Cross examination q Re-examination

Examination in chief q q q First examination of the witness conducted by the

Examination in chief q q q First examination of the witness conducted by the prosecution The idea is to elicit facts Deposed facts must be with in his memory and recollection No one except the expert witness is allowed to refer to his written notes Leading questions are not allowed

Cross - Examination q q Conducted by the defense The objective is to establish

Cross - Examination q q Conducted by the defense The objective is to establish credibility of the witness, accurance of facts and to bring out willful omissions, which are made in examination in chief q Leading questions are allowed q No time limit

Re - Examination q q By the council who did examination in chief The

Re - Examination q q By the council who did examination in chief The idea is to provide an opportunity to rectify discrepancies that may have occurred due to cross-examination Court / Judge can ask questions at any stage

GUIDING PRINCIPLES FOR GIVING TESTIMONY IN A COURT OF LAW q Exhibit gestures of

GUIDING PRINCIPLES FOR GIVING TESTIMONY IN A COURT OF LAW q Exhibit gestures of complete impartiality q Good pretrial preparations q The mechanisms of testifying Ø Always address the court Ø Speak slowly, loudly, clearly in non technical language exhibiting verbal simplicity Ø Should not evade questions, accept if do not know the answer Ø Volunteer no information (no lecture) Ø Answer responsively (nothing more nothing less) Ø Do not become emotional even on personal remarks/question Ø If a book or reference is presented – go through the contents, edition etc. before offering comments Ø Finally seek permission and settle fee issues before leaving the court

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