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Saturday, October 17, 2009

Law of Evidence

The concept of the law of evidence has come a long way. This aspect of the law is based on a very important aspect of the legal practice and profession. It is said in legal parlance that the accused is presumed innocent until proved guilty.The main point in this aspect of law is to save the society from undue embarrassment emanating from accusationsand counter accusations.In fact the law of evidence has placed the onus of proof on the prosecutor. So it lies the shoulders of the prosecution to prove his case beyond all reasonble doubts.

In this case again the law talks about the burden of proof . The burden of proof lies entirely on the shoulders of the prosecutor. If some one is arraigned for a certain offence,the prosecutor has to tender some pieces of evidence in court to support his case.The exhibitsmust be tendered in court to buttress the charges . Otherwise the court can declare the accused discharged and acquitted.As mentioned earlier the aim of this law of evidence is to maintain order in society, to avoid a state of anarchy which can result in the absence of law evidence. Individuals in legal practice should be very mindful of adherence to this aspect of the law, especially the Judges and Magistrates on whose shoulder it lies to decide cases by the evidence before them.

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