The Relevance and Admissibility of Documentary Evidence in Indian Courts, Thesis of Law

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1 TOPIC: RESEARCH PAPER: Relevance and admissibility of documentary evidence in Indian courts

Serial No CONTENT Acknowledgement Abstract Introduction Documentary Evidence Types of Documentary Evidence Relevance of Documentary Evidence Admissibility of Documentary Evidence Conclusion Page No 1 02 2 04 3 05 5 06 6 07 7 09 8 10 9 12 10 Literature Review 13

a domain where documents serve as concrete evidence expressed through letters, figures, or other means, regardless of the language used. In courtrooms, documents act as objective narrators of previous agreements, transactions, and events, lending credibility and substance to legal arguments. These written records, which can be contracts, deeds, emails, or letters, are necessary to substantiate legal claims. The distinction between documents that are protected within private domains and documents that are made publicly available through official sources emphasizes the varying weights that documentary evidence bears in the legal system. Documentary evidence is important because it represents the pursuit of justice equity, veracity, and accuracy beyond the confines of the courtroom. Records serve as defenders of the integrity of the legal system, guiding adjudicatory procedures toward equitable and just conclusions by confirming compliance with the law and refuting unfounded accusations. Understanding the provisions of the Indian Evidence Act, 1872 is necessary to fully comprehend documentary evidence in Indian courts. Through the analysis of documentary evidence, legal professionals navigate a world in which written records play a critical role in forming legal arguments and supporting the pursuit of justice. DOCUMENTARY EVIDENCE The Indian Evidence Act of 1872's Chapter V contains the provisions pertaining to documentary evidence. The term "document" is defined in Section 3 of the Act. A "document" is any item that can be used for recording and that is expressed or described on any substance using letters, figures, remarks, or more than one method. The majority of documents we deal with are typically described in letters. Any language used for communication, including Hindi, English, Urdu, etc., is used to write the documents. The documents presented in court are considered documentary evidence, and to support their contents,

primary or secondary evidence must be presented. It is necessary that the judge has the power to call to produce documents or other tangible objects as evidence in a case under Section 91 of the Indian Evidence Act, 1872, provided that the items are relevant to the matter at hand. The Act also permits witnesses who have knowledge of a document's execution or contents to be cross-examined and questioned in order to confirm the document's authenticity and applicability. It may be necessary to obtain witness oral testimony regarding the circumstances surrounding the preparation or execution of a document. It is important to highlight the best evidence rule, which is described in Section 65 of the Indian Evidence Act of

1872. According to the best evidence rule, the original document must be presented in order to illustrate the content of a document, unless there are special circumstances that allow the admission of secondary evidence. Furthermore, documentation of an individual's signature and handwriting is covered by Section 67 of the Act. If the execution of a document is questioned, the person making the claim may be asked to show identification in the form of a proof of signature or handwriting. Types of Documentary Evidence PUBLIC DOCUMENTS: Public documents are those that have been verified by a public official and are then made available for use and reference to the general public. Statements made by public officials in their official capacity are also included in public documents, and they are admissible as factual evidence in civil cases. Since these documents are released or published for public consumption, they are also referred to as public records. Example of Public Documents:  Records of National Bank

 Contract agreements  Memoranda  Sale agreements. RELEVANCE OF DOCUMENTARY EVIDENCE With every word that is inscribed on them, the papers in the hallowed courtroom transform from being just stacks of paper to messengers of truth that impact cases and weave the fabric of justice Simply said, documented evidence is valuable in Indian courts because it provides context for arguments made in court and establishes the validity of assertions made based on real, observable facts. It also prepares the way for a legal system predicated on the surety of written proof and the steadfast pursuit of justice. Testimonies from witnesses are supported by documents, which occasionally even refute them with a single word of testimony. Legal issues are unravelled one thread at a time through the examination of hastily signed contracts, precisely drawn deeds, and expertly crafted wills. Documents serve as more than just record keepers; they are also necessary for proving that acts made by parties were compliant with the law. Licences, permits, and certificates are examples of documents that serve as a trail of light, indicating the proper path for abiding by rules and the law. Documents appear in the intricate dance of legal arguments not only as bits of paper but also as bearers of truth and validity, firmly establishing arguments on the basis of independently verified facts. By acting as barriers against illogical accusations and claims, documents can also debunk lies. When parties possess documentary evidence, they can challenge the veracity of deceptive

statements and demand accountability through the unbreakable barrier of written proof, thereby piercing the appearance of dishonesty. When the scales of justice are tilted, judges rely on documentary evidence to help them navigate the complicated terrain of legal disputes and guarantee a just settlement. They depend on paper trails being trustworthy. With every word that is inscribed on them, the papers in the hallowed courtroom transform from being mere stacks of paper to messengers of truth that impact cases and weave the fabric of justice. Simply put, documentary evidence is valuable in Indian courts because it provides context for arguments made in court and establishes the validity of claims made based on real, observable facts. It also prepares the way for a legal system predicated on the surety of written proof and the unwavering pursuit of justice. ADMISSIBILITY OF DOCUMENTARY EVIDENCE Different from oral evidence, documentary evidence is any evidence presented in court that is presented in the form of documents or records. Typically, the term "documentary evidence" refers to written texts on paper (such as contracts, invoices, or wills), but it can also refer to any type of media that can store data, like photos, or any type of media that requires mechanical access, like tape recording or film, or any printed form of digital evidence, like e-mails. The authenticity of the document serving as the evidence's foundation determines whether or not the documentary evidence is admissible. When presenting evidence in court, one of the most important things to keep in mind is that you can only present primary or secondary evidence. The original document submitted to the court for verification or inspection is referred to as primary evidence. Since it is the primary source of evidence, it can be presented without warning. Alternative evidence that is provided with advance notice and is allowed into the court system under specific circumstances is known as secondary evidence. The court determined that evidence must be submitted in one of three ways: as primary documents, secondary evidence, or oral accounts of the contents in the case of Ram Prasad v.

 Certified copies  Copies made from the original by mechanical processes that guarantee the accuracy of the copy, and copies compared with such copies  Copies made from or compared with the original  Documents counterparts as against the parties who did not execute them  Oral accounts of a document's contents provided by someone who has personally seen it. The types of supplemental evidence that are permitted by the Act are covered in detail in this section. The phrase "means and includes in this section" makes it clear that the five clauses that deal with secondary evidence are exhaustive. Secondary evidence is an alternative form of evidence, so it cannot be automatically admitted unless there is a sufficient explanation provided for the original report or document's non-submission. CONCLUSION Documentary evidence is a cornerstone of the Indian legal system, serving as a beacon that guides the way towards fairness. The truth-tellers in the courtroom are ink on paper, and the significance of documentary evidence is stressed as the cornerstone of legal arguments. Witness testimony reveals solid evidence supported by documentation, disentangling legal complexities one piece at a time. Through the prism of primary and secondary evidence, the meticulous presentation of evidence finds resonance in the quest for truth within the intricate legal disputes. When the scales of justice are tilted, judges depend on the integrity of paper trails to guide them through the complex web of legal issues and guarantee a fair resolution. Documentary evidence ultimately functions as both guardians and record- keepers.

LITERATURE REVIEW Sr Nature No of Literatu re Name of Literat ure Review Research gap in Literature Indented Research 1 Case Law Rajesh Talwar and Nupur Talwar v. CBI (2012) The case of Rajesh Talwar and Nupur Talwar v. CBI captivated the nation as it delved into the mysterious murder of their daughter in Noida. The courtroom was abuzz with a plethora of documentary evidence ranging from intricate medical reports to incriminating call records, each holding the key to unraveling the truth. As legal enthusiasts, we witnessed the unfolding drama where the court meticulously sifted through emails and forensic reports to piece together the puzzle. This landmark case not only showcased the power of documentary evidence in criminal trials but also highlighted the profound impact it can have on shaping justice and the lives of those involved. However, amidst the gripping narrative of the Rajesh Talwar and Nupur Talwar case, a research gap emerges regarding the comprehensive analysis of the specific legal nuances governing the admissibility and relevance of documentary evidence in high-profile criminal trials in the Indian legal system. While the case shed light on the critical role of documentary evidence, there remains a dearth of scholarly exploration into the challenges and best practices associated with handling such evidence in complex legal proceedings. This research intends to delve into the intricacies of the admissibility and relevance of documentary evidence in high-profile criminal trials within the Indian legal framework, focusing on the case of Rajesh Talwar and Nupur Talwar v. CBI. By analyzing the judicial approach and challenges encountered, this study aims to provide valuable insights for legal practitioners and scholars. act.