Cardinal Rules/ Principles of Law of Evidence

The cardinal rules of law of evidence are—

(1) Best Evidence Rule: The primary rule of evidence is that always best evidence must be given in all cases. If there exists a dilemma about the quality of evidence to produce and the depth of investigation, there is a simple rule of evidence law which declares that, in order to prove something that is said or pictured in a piece of writing, recording it, or photographing the original must be provided unless the original is lost, destroyed, or otherwise unobtainable.

When judges decide a case, they are basically weighing the evidence from both sides and adding them up according to the values assigned to them, to arrive at a verdict of guilty or not guilty.

For instance, the prosecution is required to provide a lot of evidence to establish a case, while the defence merely has to show an ambiguity or a doubt that may destroy the case.

Typically, in a criminal case, the burden of proof on the prosecution is greater.

(2) Confined to Fact in Issue/ Relevant Fact: Evidence must be confined to the matter in issue/ fact-in-issue/ relevant facts;

(3) No Hearsay Evidence: Hearsay evidence must not be admitted. However, following are the exception to the principle that hearsay evidence is not admitted despite of the fact that these are hearsay evidence (acronym “CARD”)—

• Confessions,
• Admission,
• Res Gestae,
• Dying Declaration

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Prepared by Team LegalMines.