Tiêu đề 7. Evidence Written-2025 Eng Sheet.pdf ✅

Amicus Law Academy: Written Program: 01719326595 [1] Evidence Act, 1872 Group-D [Evidence Act] [2 Qs, Ans:1 [Marks: 15X1=15] [ -452383 Lecture No Topics Lec-01:  Intro,  Definition:  Relevancy of Facts:  Intro, Definition: Ss.3, 4  Evidence=Oral, Documentary & Forensic  Document  Digital Record,  Relevancy of Fact  Fact in Issue 7
Amicus Law Academy: Written Program: 01719326595 [2] -2-  Proved, Disproved, Not proved  Shall presume, May Presume & Conclusive proof  Hearsay evidence  Circumstantial Evidence  Relevancy of Facts: Connected with Issues: Ss.5-16  Bar & BJS Qs Solving + Analysis of Problem Qs [if any] Evidence S.3 It means and includes-  1. all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry:such statements are called oral evidence;  2. all documents produced for the inspection of the Court; such documents are called documentary evidence.  3. all materials or objects relating to blood, semen, hair, all body material, organ or part of organ, Deoxyribo Nucleic Acid (DNA), finger impression, palm impression, iris impression and foot print or any other similar material or object which may-  (i) establish that an offence has been committed or establish a link or relation between an offence and its victim or an offence and its offender; and  (ii) prove or disprove a fact: such materials or objects are called physical or forensic evidence. Kinds of evidence: Evidence is mainly divided into 3 categories: 1. Oral Evidence 2. Documentary Evidence 3. Physical or forensic evidence. Oral Evidence  Oral evidence may be classified into two categories: i. Primary or Direct Oral Evidence ii. Indirect Oral Evidence or Hearsay Evidence Primary oral evidence
Amicus Law Academy: Written Program: 01719326595 [3]  Primary oral evidence is the evidence of what a witness has personally seen or heard or gathered by his senses. It is called direct evidence as opposed to hearsay (Section 60). Hearsay evidence  ―Objection, Your Honour! Hearsay.‖ You‘ve probably heard it a in courtroom– the judge then says, ―Objection overruled‖ or ―Sustained‖ and the trial moves on. But do you know what hearsay evidence is, and what it isn‘t?  Hearsay Evidence means whatever a person has heard to say it includes: i) A statement made by a person, not called as witness; ii) A statement contained or recorded in any book, document or record which is not admissible. The hearsay witness may not be able to say correctly and completely the truth of his statement.  As a rule hearsay evidence is not admissible, but there are some exceptional cases of hearsay evidence which are admissible. Such exceptional cases of hearsay evidence are examples of secondary oral evidence or indirect evidence (e.g., sections 32, 33). Circumstantial evidence • Circumstantial evidence, also known as indirect evidence, Circumstantial evidence is not as reliable as direct evidence. • ̳Circumstantial Evidence‘ includes all the relevant facts. It is not secondary evidence; • It is merely direct evidence applied indirectly. • Though it is not direct to the point in issue but consists of evidence of various other factors which are closely associated with the fact in issue and existence of the principal fact can be legally inferred or presumed. • In order to prove a crime it is not necessary that the crime must be seen to have been committed and must in all circumstances be proved by direct ocular evidence by examining before the court those persons who had seen its commission. • The offence can be proved by circumstantial evidence also. [Earshad Ali Shikder Vs. State, 56 DLR 305] Documentary Evidence  Documentary evidence may be classified into two categories: i. Primary documentary evidence ii. Secondary documentary evidence Primary documentary evidence  Primary documentary evidence is the evidence of the original documents (Section 62). Secondary documentary evidence
Amicus Law Academy: Written Program: 01719326595 [4] -4-  Secondary documentary evidence is the evidence of copies, etc., of documents which are admissible under certain circumstances. (Sections 63, 65).  The Best evidence or the original evidence means the primary evidence. The Best evidence Rule excludes secondary evidence. Material or real Evidence or Physical or forensic evidence.  Real or material evidence is supplied by material objects for inspection of the Court, e.g., weapon of offence or stolen property.  Evidence can be both oral and documentary and electronic records can be produced as evidence. This means that evidence, even in criminal matters, can also be by way of electronic records. This would include video-conferencing. Hearsay evidence:  Evidence given by the witness may be oral or documentary. Section 60 of the Evidence Act says that, oral Evidence to be admissible, it must be direct. In other words, Hearsay Evidence is no evidence.  Therefore, a statement oral or written, by a person not called as witness comes under the general rule of hearsay. As a rule hearsay evidence is not admissible, but there are some exceptional cases of hearsay evidence which are admissible. Such exceptional cases of hearsay evidence are examples of secondary oral evidence or indirect evidence.  However it is a settled principle of law that hearsay evidence cannot be the basis of conviction. [Hossain Vs. State, 56 DLR (AD) 213]  Is hearsay evidence admissible before a Court of Law? Or In which cases, statement of relevant fact by person who cannot be called as witness becomes relevant?  Sections 32 and 33 deal with the cases statement of relevant fact by person who cannot be called as witness becomes relevant. In other word Sections 32 and 33 made hearsay evidence admissible before a Court of Law. Fact It means and includes-  anything, state of things, or relation of things capable of being perceived by the senses;  any mental condition of which any person is conscious. Illustrations: o That there are certain objects arranged in a certain order in a certain place, is a fact. o That a man heard or saw something, is a fact. o That a man said certain words, is a fact.