FROM EVIDENTIAL DATA TO EVIDENCE: PRODUCTION, ADMISSION AND EVALUATION OF EVIDENTIAL DATA IN THE JUDICIAL PROCESS OF PROOF

Abstract

The objective of the present study was to understand how the courts process evidence in criminal proceedings to establish disputed questions of fact. The present study, after deploying doctrinal research methodology, found that the criminal procedure code (hereinafter CrPC), Qanoon e Shahadat Order (hereinafter QSO), the police rules and the high court rules regulate the production of evidence in the courts. The study also found that the courts admit evidence by considering the relevancy of evidence, exclusionary rules of evidence and the procedural rules related to collection and recording of evidence. Moreover, the study found that the courts consider the quantity and the quality of evidence while evaluating the evidence. In addition, the study found that the courts draw inferences by using deductive, inductive, and abductive methods of drawing inferences from evidence. The study also found that generalization played a central role in all the three methods of drawing inferences. It is expected that the present study will clarify the legal framework dealing with processing of evidence in criminal cases.

Keywords: Admission of Evidence, Evaluation of Evidence, Generalization, Process of Proof, Production of Evidence. Relevancy of Evidence.