Principles of Evidence in Law

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Questions and Answers

What is the primary role of marshalling evidence in a judge's decision-making?

To critically group relevant statements for specific points (correct)

To memorize all witness testimonies

To present evidence in chronological order

To summarize the entire case for brevity

How is 'appreciation' of evidence defined in the context of judgment?

An intuitive feeling about the evidence's truthfulness

A quick overview of all testimonies given

Systematic and methodical evaluation of its worth (correct)

Repetitive review of the evidence presented

What should a judge rely on when believing or disbelieving evidence?

Personal biases and emotions

Instincts developed over years of experience

Advice from colleagues or peers

Knowledge, observation, experience, and legal principles (correct)

What is the judge's responsibility in the appreciation of evidence?

To draw inspiration from established principles and traditions Signup and view all the answers

In a rape case, which type of evidence would a judge need to marshal effectively?

Evidence regarding the prosecutrix's age and related testimonies Signup and view all the answers

What is essential for a judge when assessing witness statements?

Understanding the context and implications of each statement Signup and view all the answers

Which of the following best describes the relationship between marshalling and appreciation of evidence?

Marshalling gathers evidence, while appreciation evaluates it. Signup and view all the answers

What could be a consequence of a judge acting solely on personal sentiment in decision-making?

A potentially biased and unjust decision Signup and view all the answers

What is the primary consideration for the credibility of an accomplice's testimony according to Section 114 of the Evidence Act?

Corroboration in material particulars Signup and view all the answers

Under what circumstances is a conviction still legal despite relying on uncorroborated testimony?

When corroboration is not required by law Signup and view all the answers

What criteria does Section 118 establish for being a witness?

Must understand the questions and provide rational answers Signup and view all the answers

What does Section 134 of the Evidence Act emphasize regarding the number of witnesses?

No particular number of witnesses is necessary for proof Signup and view all the answers

What is the nature of corroboration according to the principles outlined in the content?

A suggestion that should be considered carefully Signup and view all the answers

Which category does ocular testimony fall into according to the classification mentioned?

Reliable, unreliable, and neither Signup and view all the answers

What does the probability factor in Section 3 of the Evidence Act emphasize?

The evidence should be probable to a prudent man Signup and view all the answers

According to Benjamin N. Cardozo, what should judges prioritize over strict laws?

The wisdom and experience of judges Signup and view all the answers

What does reasonable doubt refer to in the context of law?

A fair doubt based on reason and common sense Signup and view all the answers

Which case indicated that the maxim 'falsus in uno, falsus in omnibus' is not applicable in criminal jurisprudence?

Jakki @ Selvaraj v. State Signup and view all the answers

What did the Apex Court determine in Bhagwan Tana Patil v. State of Maharashtra regarding witnesses?

The Court should disengage the truth from falsehood in witness accounts Signup and view all the answers

What principle emphasizes that it is better for guilty persons to escape than for an innocent person to be convicted?

Let Hundred Guilty Persons Be Acquitted But Not A Single Innocent Person Be Convicted Signup and view all the answers

Who is attributed with the saying regarding the acquittal of guilty individuals to protect the innocent?

Benjamin Franklin Signup and view all the answers

Which statement best defines the term 'falsus in uno'?

It suggests that every false statement negates the truth of the entire testimony Signup and view all the answers

Which statement is true regarding the function of a court in assessing witness testimonies?

Courts must differentiate between truth and falsehood in witness statements Signup and view all the answers

Which well-known legal theorist stated that it is better for ten guilty persons to escape than one innocent suffer?

William Blackstone Signup and view all the answers

What must happen for evidence to be used to draw a conclusion?

It must confirm on the anvil of probability factor. Signup and view all the answers

Which of the following is a criterion for evaluating intrinsic quality of witness depositions?

The consistency of their testimony. Signup and view all the answers

What does animus refer to in evaluating a witness's testimony?

The witness's reasons for providing evidence. Signup and view all the answers

What aspect of a witness's behavior does 'demeanour' assess?

Whether their behavior aligns with normal expectations. Signup and view all the answers

Which criterion applies if a witness's statements are contradictory?

The intrinsic quality of the evidence. Signup and view all the answers

What should the court be cautious about after establishing a witness has animus?

The reliability of the evidence provided. Signup and view all the answers

In the context of 'proof beyond reasonable doubt', what does it signify?

A standard of caution due to irreversible consequences. Signup and view all the answers

What does the integration approach in court imply?

All statements should be collected from various sources. Signup and view all the answers

Study Notes

Introduction to Principles of Evidence

Judges play a critical role in the justice system, requiring effective marshalling and appreciation of evidence for sound judgments.
Both marshalling and appreciation are not explicitly defined in the Evidence Act or procedural codes (C.P.C./Cr.P.C).

Concept of Marshalling

Involves critical grouping of relevant witness statements for and against a disputed point.
A judge must possess a clear understanding of all disputed evidences.

Concept of Appreciation

“Appreciation” refers to evaluating the worth and quality of evidence.
Judges should rely on reasons aligned with knowledge, observation, experience, and established legal principles, rather than intuition alone.

Confidence in Judicial Wisdom

Greater reliance is placed on a judge's wisdom and experience rather than strict adherence to legal texts.
Section 114 emphasizes corroboration for an accomplice's testimony; a conviction can still be valid even with uncorroborated evidence.

Statutory Principles

Witness Qualification: No special qualifications beyond understanding questions and providing rational answers (Section 118).
Number of Witnesses: Section 134 states there is no required number of witnesses; the quality of evidence is pivotal.
Corroboration: Not a strict rule but a principle of caution (Sections 114 and 133).

Ocular Testimony

Classifies eyewitness testimony into three categories: wholly reliable, wholly unreliable, and neither; corroboration needed only in ambiguous cases.

Four Fold Time Tested Criteria

Probability Factor: Evidence must meet the probability standard (Section 3) for it to be considered probative.
Intrinsic Quality: Analysis of any contradictions, omissions, distortions, and inconsistencies within witness statements.
The Animus: Investigates possible bias or motives of witnesses that could color their testimony.
Demeanor: Assessing the behavior of the witness during testimony; integral to the overall evaluation of evidence.

Conventional Propositions

Proof Beyond Reasonable Doubt: Serves as a rule of caution due to the irreversible consequences of criminal convictions.
Falsus In Uno, Falsus In Omnibus: The rejection of the idea that if one part of the testimony is false, all must be false; courts separate truth from falsehood.
Let Hundred Guilty Persons Be Acquitted: Reiterates the principle that it’s preferable for many guilty individuals to escape rather than risk condemning an innocent person, a sentiment echoing legal theories from Franklin to Blackstone.

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Description

This quiz explores the principles of evidence in both civil and criminal cases as outlined by Justice Ved Prakash. It delves into the importance of marshalling and appreciation of evidence, which are crucial for delivering quality judgments. Test your understanding of these foundational concepts in legal practice.