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Indian Evidence Act – Tips

  1. Bare Act: Read the Act carefully to understand its sections and meanings.
  2. Need to understand the relevance of evidence: Evidence with some probative value and logical connection to the case is relevant. It is crucial to establish the relevance of evidence and link it to the issues in the case to avoid this mistake.
  3. Authenticating evidence: Authentication involves establishing the connection between the evidence and the issue. Failure to authenticate evidence can render it inadmissible.
  4. Follow the chain of custody: Not following the chain of custody can lead to challenges to the admissibility of evidence. To avoid this mistake, document the chain of custody of all evidence.
  5. Objecting to inadmissible evidence: The Indian Evidence Act has rules on the admissibility of evidence. It is necessary to object to inadmissible evidence to strengthen the case. Understanding the rules of admissibility and objecting to evidence that is not admissible can help avoid this mistake.
  6. Cross-examine witnesses: Cross-examination is essential to test the veracity and reliability of witnesses. Failing to cross-examine witnesses can result in missed opportunities to challenge the evidence presented. To avoid this mistake, cross-examine witnesses to test their evidence.
  7. Presenting evidence in a logical and organised manner: Presenting evidence in a disorganised manner can confuse the court and weaken the case. Organise the evidence logically and coherently to present a clear picture of the issues in the case and avoid this mistake.
  8. Need to understand the burden of proof: Understanding the burden of proof is crucial. The party making a claim has the burden of proof. Failing to understand the burden of proof can lead to missed opportunities to present evidence to prove the case. To avoid this mistake, understand the burden of proof and present evidence accordingly.
  9. Seek legal advice when needed: If there is any doubt, seek a legal expert’s advice.