Judge Nazmul Hasan

"Decoding the Best Evidence Rule: What It Means and Why It Matters in Court" Introduction: The Subtleties of Evidence In the legal sphere, the Best Evidence Rule plays a pivotal yet nuanced role in verifying the accuracy, reliability, and provenance of materials presented during proceedings. However, this principle contains intricacies that can perplex the uninitiated. Why does evidentiary integrity matter so profoundly? How does it impact what is brought before a jury? This article breaks down the Best Evidence Rule , its importance in our justice system, and essential considerations for those navigating evidence in litigation. We'll explore both the rule's fundamental function and its finer points to better illuminate its significance. Understanding the Best Evidence Rule: Core Concepts At its foundation, the Best Evidence Rule demands that when establishing the substance of a document through legal process, the original artifact must be tendered - not a...

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Questions lawful in cross-examination 146. When a witness is cross-examined, he may, in addition to the questions hereinbefore referred to, be asked any questions which tend – (1) to test his veracity , (2) to discover who he is and what is his position in life , or (3) to shake his credit , by injuring his character, although the answer to such questions might tend directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a penalty or forfeiture: Provided that in a prosecution for an offence of rape or attempt to rape, no question under clause (3) can be asked in the cross-examination as to general immoral character or previous sexual behaviour of the victim : Provided further that such question can only be asked with the permission of the Court, if it appears to the Court necessary ...

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Questions intended to insult or annoy 152. The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form.   https://independent.academia.edu/NazmulHasan222   https://judicialmagistratenazmulhasan.blogspot.com/

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Indecent and scandalous questions 151. The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed.   https://independent.academia.edu/NazmulHasan222 https://judicialmagistratenazmulhasan.blogspot.com/

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Question by party to his own witness 154. The Court may, in its discretion , permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.   https://independent.academia.edu/NazmulHasan222 https://judicialmagistratenazmulhasan.blogspot.com/

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Impeaching credit of witness 155. The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him:- (1) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit ; (2) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence ; (3) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted ; Explanation.–A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if ...

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER X OF THE EXAMINATION OF WITNESSES Leading questions 141. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question. When they must not be asked 142. Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. When they may be asked 143. Leading questions may be asked in cross-examination.  

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER IX OF WITNESSES Accomplice 133. An accomplice shall be a competent witness against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.  

                                            The Evidence Act, 1872 (ACT NO. I OF 1872) PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII OF THE BURDEN OF PROOF Birth during marriage conclusive proof of legitimacy 112. The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution , the mother remaining unmarried , shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.  

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART II ON PROOF CHAPTER IV OF ORAL EVIDENCE Proof of facts by oral evidence 59. All facts, except the contents of documents , may be proved by oral evidence.  

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART II ON PROOF CHAPTER IV OF ORAL EVIDENCE Oral evidence must be direct 60. Oral evidence must, in all cases whatever, be direct; that is to say- if it refers to a fact which could be seen , it must be the evidence of a witness who says he saw it; if it refers to a fact which could be heard , it must be the evidence of a witness who says he heard it; if it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner; if it refers to an opinion or to the grounds on which that opinion is held , it must be the evidence of the person who holds that opinion on those grounds : Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be ...

  The Evidence Act, 1872 (ACT NO. I OF 1872) PART II ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED Facts admitted need not be proved 58. No fact need be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule or pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admissions.