EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM
EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM Pranshutosh Kumar, 3rd Year, BA LL.B , University of Petroleum and energy Studies. Download Manuscript ABSTRACT The obstacles faced by manual document copying throughout the 16th century gave rise to the best evidence rule, a fundamental rule in legal procedures. The Best Evidence Rule is founded on the notion that using the original writing, recording, or photograph is the “best” way to prove the veracity of the evidence’s contents. In order to comply with the principle of natural justice, it is important to make sure that litigants give the court the best possible evidence in a way that reduces the burden of proof on the court. The Best Evidence Rule of the Indian Evidence Act is applicable to a variety of types of evidence, including written records, digital data, audiovisual materials, and more. Sections 91 to 100 give documented evidence priority in order to prevent potential errors, omissions, or distortions that may occur when relying simply on oral testimony. Oral testimony is important in many various sorts of legal proceedings, but it is not often regarded as the best proof when the content of a document is in question. Oral testimony and documentary evidence are the two basic categories of evidence recognized under the Indian Evidence Act. For the purpose of settling legal disputes, it is essential to comprehend how these various sorts of evidence vary in terms of their nature and content. Sections 91 to 100 of the Indian Evidence Act promote the principle that only the most convincing evidence should be presented in court. There are some exceptions to the “best evidence” standard, including [loss or destruction of the original document, proof of content by oral evidence, etc.] However, oral proof cannot take the place of written evidence like written testimonies when those records already exist. Compared to oral evidence, written evidence is regarded as being more conclusive and reliable. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 329- 336. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM THE STATE OF JHARKHAND V. SHAILENDRA KUMAR RAI @ PANDAV RAI, [2022 SCC OnLine SC 1494] ANALYSING THE NOTION OF CYBER CRIMES: A LOOMING THREAT TO THE INDIAN E-BANKING SECTOR ‘ARREST’ IN INDIA: 360 ANALYSIS Book Review on “The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else” by Hernando de Soto SUSTAINING CREATION: EXPLORING THE INTERPLAY BETWEEN RELIGIOUS BELIEFS AND ENVIRONMENTAL CONSERVATION