JUDICIAL DISCRETION UPON ADMISSIBILITY OF EVIDENCE: A PERQUISITE OR PREDICAMENT

The present manuscript draws a parallel between the perquisites and predicaments of the component of how judicial discretion variedly affects the admissibility of evidence in both the civil as well as criminal cases at the preliminary stage. We have taken into consideration the beauteous idiosyncrasy of the judges formed over years of virtuosity as well as kept the factor of the scope of retaliation by the litigant and its mechanisms upon dissatisfaction in the cases of the jurist’s not being by the tenets of the esteemed Act of Evidence Law. The very facet of a form of evidence being in consonance with the statute and it not adhering to or aligning with the particularity of the Act would be paid heed to and various extensions of the same would be discussed. There cannot be a probable conclusion to the said topic, but the importance of a jurist’s perspective would be laid down.