Syeda Sumaira Tabassum
Law: Lecture 9
Law of Evidence: Relevance and
Admissibility of Evidence
Table of Contents
1. Introduction to the Law of Evidence
2. Relevance and Admissibility of Evidence
3. Types of Evidence: Oral and Documentary Evidence
4. Burden of Proof and Presumptions
5. Witness Examination
6. Privileged Communications
7. Important Case Laws
8. Summary
9. Multiple Choice Questions (MCQs)
10. Answer Key
1. Introduction to the Law of Evidence
The Law of Evidence is a branch of law that prescribes the rules and principles governing the proof of facts
in legal proceedings. Its primary purpose is to determine the truth of factual assertions, aiding the judiciary
in delivering just decisions.
, Goals of the Law of Evidence:
To facilitate the ascertainment of truth.
To prevent the use of irrelevant, unreliable, or prejudicial evidence.
To establish procedures for the collection and presentation of evidence.
Scope: It applies in civil, criminal, and quasi-judicial proceedings.
Sources of Evidence Law:
Statutes (e.g., Indian Evidence Act, 1872)
Judicial precedents
Customary practices
Scholarly writings
2. Relevance and Admissibility of Evidence
Relevance of Evidence
Relevance is the primary criterion for the admissibility of evidence. Evidence is relevant if it relates to a
fact in issue or a fact that is relevant to the fact in issue.
Relevancy Test:
Relevance is established if the fact sought to be proved is logically connected to the fact
in issue.
The test of relevance focuses on whether the evidence tends to prove or disprove a
material fact.
Admissibility of Evidence
Admissibility refers to whether evidence, once relevant, is legally permitted to be considered by the court.
Conditions for Admissibility:
Evidence must be relevant.
The evidence must be obtained legally.
It must not be excluded by law (e.g., privileged communications).
Rules of Relevancy (Section 5-55 of the Indian Evidence Act):
Evidence is relevant if it makes the existence or non-existence of a fact probable or
improbable.
Direct and Circumstantial Evidence: Both are admissible if relevant.
Res Gestae: Immediate facts accompanying an event are relevant.
Recent Happening: Evidence of events happened recently, and connected to the case, is
relevant.
Exceptions to Relevance
Law: Lecture 9
Law of Evidence: Relevance and
Admissibility of Evidence
Table of Contents
1. Introduction to the Law of Evidence
2. Relevance and Admissibility of Evidence
3. Types of Evidence: Oral and Documentary Evidence
4. Burden of Proof and Presumptions
5. Witness Examination
6. Privileged Communications
7. Important Case Laws
8. Summary
9. Multiple Choice Questions (MCQs)
10. Answer Key
1. Introduction to the Law of Evidence
The Law of Evidence is a branch of law that prescribes the rules and principles governing the proof of facts
in legal proceedings. Its primary purpose is to determine the truth of factual assertions, aiding the judiciary
in delivering just decisions.
, Goals of the Law of Evidence:
To facilitate the ascertainment of truth.
To prevent the use of irrelevant, unreliable, or prejudicial evidence.
To establish procedures for the collection and presentation of evidence.
Scope: It applies in civil, criminal, and quasi-judicial proceedings.
Sources of Evidence Law:
Statutes (e.g., Indian Evidence Act, 1872)
Judicial precedents
Customary practices
Scholarly writings
2. Relevance and Admissibility of Evidence
Relevance of Evidence
Relevance is the primary criterion for the admissibility of evidence. Evidence is relevant if it relates to a
fact in issue or a fact that is relevant to the fact in issue.
Relevancy Test:
Relevance is established if the fact sought to be proved is logically connected to the fact
in issue.
The test of relevance focuses on whether the evidence tends to prove or disprove a
material fact.
Admissibility of Evidence
Admissibility refers to whether evidence, once relevant, is legally permitted to be considered by the court.
Conditions for Admissibility:
Evidence must be relevant.
The evidence must be obtained legally.
It must not be excluded by law (e.g., privileged communications).
Rules of Relevancy (Section 5-55 of the Indian Evidence Act):
Evidence is relevant if it makes the existence or non-existence of a fact probable or
improbable.
Direct and Circumstantial Evidence: Both are admissible if relevant.
Res Gestae: Immediate facts accompanying an event are relevant.
Recent Happening: Evidence of events happened recently, and connected to the case, is
relevant.
Exceptions to Relevance
