LC 0803 Module 04 Law of Evidence - Relevancy of Facts III - Short Note

Law of Evidence - Relevancy of Facts III

Short Note

1. Introduction:

    The Law of Evidence is a crucial aspect of the legal system that governs the admissibility and relevancy of facts in legal proceedings. In this blog article, we will delve into the topic of the relevancy of facts, specifically focusing on Sections 45 to 58. Understanding these sections is essential for comprehending how opinions, character, and certain facts are evaluated in legal cases.

2. Relevancy of Opinions (Sections 45-51):

Opinions play a significant role in legal proceedings, and their relevancy is determined by specific sections of the Law of Evidence.

2.1 Section 45: Expert Opinions:

• This section deals with the admissibility of opinions from experts in their respective fields. 
• It outlines the conditions under which an expert opinion can be considered relevant evidence.

2.2 Section 46: Opinions of Non-Experts:

• In contrast to Section 45, this section pertains to opinions given by non-experts. 
• It establishes the limitations and circumstances in which non-expert opinions are considered admissible.

2.3 Section 47: Opinion as to Existence of Relationship:

• This section addresses opinions regarding the existence of relationships between individuals. 
• It outlines the circumstances under which such opinions are considered relevant.

2.4 Section 48: Opinion as to Digital Evidence:

• With the proliferation of digital evidence, this section addresses opinions related to electronic records, computer output, and digital forensics. 
• It elucidates the criteria for admitting opinions regarding digital evidence.

2.5 Section 49: Opinions on Customs and Traditions:

• Opinions about customs and traditions are covered in this section. 
• It explains the relevancy of opinions concerning established practices within specific communities or groups.

2.6 Section 50: Opinion on the Value of Stamps, Currency, and Coins:

• Opinions on the value of stamps, currency, and coins are discussed in this section. 
• It outlines the circumstances under which such opinions are considered admissible.

2.7 Section 51: Opinions to Identify Handwriting, Fingerprints, and Electronic Signatures:

• This section focuses on opinions used to identify handwriting, fingerprints, or electronic signatures.
• It provides guidelines for determining the relevancy of such opinions.

3. Relevancy of Character (Sections 52-55):

Character is an important consideration in legal proceedings, and the relevancy of character evidence is discussed in these sections.

3.1 Section 52: Proof of Character in Civil and Criminal Cases:

• This section addresses the admissibility of character evidence in civil and criminal cases.
• It explains the relevancy and limitations of introducing character as evidence.

3.2 Section 53: Impeaching the Credibility of Witnesses:

• Section 53 focuses on the relevancy of character evidence to challenge the credibility of witnesses.
• It outlines the conditions under which such evidence can be introduced.

3.3 Section 54: Good Character of Accused Person:

• This section deals with the relevancy of evidence regarding the good character of an accused person.
• It explains how evidence of good character can be introduced in a trial.

3.4 Section 55: Previous Bad Character of Accused Person:

• In contrast to Section 54, Section 55 addresses the relevancy of evidence regarding the previous bad character of an accused person.
• It explains the conditions under which evidence of previous bad character can be considered.

4. Facts which need not be Proved (Sections 56-58):

Certain facts are assumed to be true and need not be proven in legal proceedings.

4.1 Section 56: Facts Judicially Noticed:

• This section deals with facts that are commonly known and are judicially noticed by the court.
• It explains the concept of judicial notice and the types of facts that fall under this category.

4.2 Section 57: Facts Admitted without Proof:

• Section 57 discusses facts that are admitted by the parties involved in the legal proceedings.
• It outlines the circumstances under which facts can be deemed admitted without requiring additional proof.

4.3 Section 58: Facts of Which Court Must Take Judicial Notice:

• This section focuses on facts that the court is mandated to take judicial notice of.
• It provides a list of specific facts that the court must consider without requiring proof.

5. Conclusion:

    Understanding the relevancy of facts is essential for both legal professionals and individuals involved in legal proceedings. Sections 45 to 58 of the Law of Evidence provide guidelines for evaluating opinions, character evidence, and facts that need not be proven. By adhering to these sections, a fair and just legal process can be upheld.

6. References: