MODE OF TAKING AND RECORDING EVIDENCE IN TRIAL

CRPC

SUBMITTED BY

BASTAB BHUYAN

UID - SM0122016

2ND YEAR 4TH SEM

SUBMITTED TO

PROF- DR AMOL DEO CHAVHAN

NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM

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CONTENTS

1. INTRODUCTION…………………………………………………………….4
1.1 AIMS
1.2 OBJECTIVES
1.3 SCOPE AND LIMITATIONS
1.4 REVIEW OF LITERATURE
1.5 RESEARCH QUESTION
1.6 RESEARCH METODOLOGY

2. MODES OF TAKING EVIDENCE …………………………………………8

2.1 ORAL EVIDENCE
2.2 WRITTEN EVIDENCE
2.3 DOCUMENTARY EVIDENCE
2.4 TESTIMONIAL EVIDENCE
2.5 REAL EVIDENCE

3. RECORDING OF EVIDENCE…………………………………………………16
3.1 CROSS EXAMINATION PROTOCOLS
3.2 RECORDING OD TESTIMONY
3.3 RECORDING OF STATEMENT OF WITNESES
3.4 RECORDING OF OTHER FORMS OF EVIDENCE
3.5 MAINTENANCE OF CUSTODY AND INTEGITY

4. WEIGHT OF EVIDENCE UNDER CRPC AND EVIDENCE ACT……………23

4.1 WEIGHT OF EVIDENCE
4.2 EVOLUATION OF WITNESS CREDIBILITY
4.3 EXCLUSION OF IRRELEVANT AND ILLEGALY OBTAINED EVIDENCE

5. CASE LAWS……………………………………………………………………….29

6. CONCLUSION………………………………………………………………………31

7. REFERENCES……………………………………………………………………..32

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 ABSTARCT

The purpose of this study is to investigate how the Indian court system gathers and
documents evidence during trials. It examines the procedural elements, legislative
requirements, and the use of technology in the procedures involved in recording
evidence. The project's goal is to provide reform recommendations that will improve
trial process openness, efficiency, and justice by looking at judicial trends and
identifying obstacles. This work adds to the corpus of legal scholarship by means of a
thorough investigation, offering suggestions and insights for enhancing evidence
recording procedures in India.

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 CHAPTER 1.
INTRODUCTION

The act of gathering and documenting evidence is fundamental to guaranteeing fair

and just trials in the field of jurisprudence. This procedure is regulated in India by a
convoluted web of laws, regulations, and court rulings that work together to protect
the integrity of the legal system and ensure the truth.

This research aims to investigate the complex processes that go into the Indian justice
system witnesses testify and records their testimony. This important stage of the trial
process is shaped by legal concepts, procedural considerations, and real-world
difficulties, all of which are thoroughly discussed in this section.

This study will provide insights into the legal concepts that direct the gathering and
recording of evidence via a thorough analysis of pertinent legislation, such as the
Indian Evidence Act, 1872, and procedural guidelines established by several High
Courts and the Supreme Court. In addition, it will examine how technology may
modernise the procedures involved in capturing evidence, emphasising both the
advantages and disadvantages of doing so.

In order to provide a more comprehensive knowledge of how these principles are

used, this project will also look at significant court rulings that have impacted the
interpretation and implementation of laws pertaining to evidence.

This initiative intends to contribute to the current discussion on legislative changes

and the improvement of the trial process in India by illuminating the subtleties of
evidence collecting and recording in trials.

1.1AIMS

- To examine the legal provisions

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- To investigate procedural elements

- To evaluate the function of technology

1.2 OBJECTIVES

- To comprehend the legal system

- To examine the procedure for gathering evidence

- To investigate difficulties and ideal procedures

- To research trends in the judiciary

1.1 SCOPE AND LIMITATIONS

SCOPE

- Legal precedents: This section will look at significant court rulings that have shaped how
evidence-related laws are interpreted and used, offering insights into changing patterns.

- Legal framework: The research will examine the laws that control how evidence is gathered
and recorded in Indian courts, with a particular emphasis on significant legislation like the
Indian Evidence Act of 1872 and pertinent procedural guidelines.

- Procedural aspects: This section will examine the many procedures involved in gathering
evidence, such as interviewing witnesses, admitting and excluding evidence, and using
technology to record evidence.

LIMITATION

- Complexity of legal concepts: In an effort to increase clarity, the project may simplify
difficult legal principles, which may leave out important details about how they are used in
real-world situations.

- Evolution of laws: The project may not accurately reflect changes in legislation or judicial
interpretations that affect the rules and processes pertaining to gathering and recording
evidence in court.

1.4 LITERATURE REVIEW

ARTICLES

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 1. MODE OF TAKING AND RECORDING EVIDENCES IN INDIA

Written by Rashi Shah

The process used to gather evidence in criminal proceedings is described in this document. It
discusses how to gather and document evidence. Electronic evidence is now admissible in
court because to advancements in technology. The Indian Evidence Act, Section 3, defines
what constitutes evidence. Sections 65-A and 65-B of the Indian Evidence Act have been
amended in response to the admission of electronic evidence. To find the truth and provide
the people justice, evidence is utilised. Investigating the material and presenting it to the court
in the most effective way is thus crucial. Sections 272 to 283 of the 1973 Code of Criminal
Procedure specify the process for gathering and documenting evidence. The case laws that
follow highlight some of the significant rulings on the subject at hand. This essay also raises
a few significant legal issues.

2. General Provisions as to Investigation, Inquiry and Trial

By Vanya Verma

This article discusses investigation, inquiry, and trial, as well as how evidence is collected
and recorded, its provisions, cases, and the acquittal of an individual for the same offence
again. It also discusses public prosecutors' appearances, permission to conduct a prosecution,
and their guidelines to provide the reader with a comprehensive understanding. It aided in
improving comprehension.

BOOK

1. The Code Of Criminal Procedure

by SN Mishra

SN Mishra's "The Code of Criminal Procedure" is an extensive resource for comprehending

the procedural elements of Indian criminal law. The book provides a clear and brief overview
of all parts of criminal process, including investigation, trial, and appeals. Together with
pertinent case law and illustrations, it offers a thorough explanation of the Code of Criminal
Procedure's provisions.The book's practical approach is a notable quality, making it a
valuable tool for legal practitioners, law students, and anybody else seeking to comprehend
the nuances of criminal process in India. Because of the author's extensive experience in the
subject, readers may trust this book to be a trustworthy source of knowledge.

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1.5 RESEARCH QUESTION

1. What is the effect on trial fairness and transparency of the manner in which evidence is
taken and recorded in India, as controlled by the Indian Evidence Act, 1872, and associated
procedural rules?

2. What possibilities and problems does India's use of technology in the process of recording
evidence bring, and how may they be resolved to improve the efficacy and efficiency of the
legal system?

1.6 RESEARCH METODOLOGY

1.6.1 Approach to Research:

This project is researched and compiled using only doctrinal methods of research. It has been
written using library and online resources, which included books and journal articles.

1.6.2 Type of Research:

This project requires the exposition of certain topics hence explanatory research was done
while producing this project.

1.6.3 Sources of data collection:

Secondary sources were liberally used in producing this project. Secondary sources are
written by an author who has no direct connection to the events described or concepts
outlined in the journal or book.

1.6.4 System of citation and footnote:

The researcher has followed the APA style of citation throughout the project to maintain
uniformity.

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 CHAPTER 2
MODES OF TAKING EVIDENCE

A landmark piece of legislation in the field of law, the Indian Evidence Act specifies
the several ways in which evidence may be brought before a court. Oral testimony,
documentary evidence, and witness examination are all included in these techniques,
and each has a specific function in establishing the facts and determining the truth.
In addition, the procedural guidelines outlined in the Code of Criminal Procedure,
1973, and the Code of Civil Procedure, 1908, clarify the methods and nuances of the
evidence-gathering process and guarantee that procedural fairness and natural justice
are upheld.
Technology has introduced new ways to gather evidence in addition to conventional
techniques, such the use of electronic evidence and audio-visual recordings. These
technical developments have improved the quality and dependability of the evidence
recording procedure in addition to speeding it up.

1.1 ORAL EVIDENCE

Oral testimony plays a crucial role in Indian judicial proceedings as the
principal mode of presenting facts and stories to the court. The oral evidence
method, which is regulated by the Indian Evidence Act, 1872, and enhanced
by procedural regulations, comprises a sophisticated set of guidelines and
procedures that guarantee the veracity and integrity of witness testimony.

Acceptability and Significance: The significance of oral testimony to the

subject at hand is essential to its admissibility. According to the Act, oral
testimony may be used to support any claim, with the exception of those that
call for supporting documentation. This emphasises the need of firsthand
observation and direct knowledge as oral testimony must be founded on the
witness's own observations rather than hearsay.

Weight and Credibility: Oral evidence's believability is a crucial consideration

in assessing it. The credibility of oral evidence is influenced by a number of
elements, including the witness's demeanour, consistency in testimony, and
recollection accuracy. The opposing side may question the veracity and

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 credibility of witness evidence via cross-examination, which helps to maintain
the judicial system's truth-seeking purpose.

Note-taking and Recording:Oral testimony is usually documented in writing,

either by audio or video recording or by the court stenographer's notes. As a
permanent and official record of the events, this record offers a foundation for
future reference and examination.

The judge's role: The judge is essential in determining the credibility of

witnesses and analysing the facts when considering oral testimony. When
assessing the probative value of oral evidence, the court must take into
account a number of variables, such as the witness's manner, consistency of
testimony, and the existence of any supporting evidence.

Difficulties and Restrictions: Oral testimony has limits and difficulties despite
its significance. Due to its subjective nature, witness testimony is susceptible
to prejudice, misperceptions, and memory loss. Strong procedural protections
are necessary because the adversarial character of court procedures may
sometimes result in the falsification or manipulation of spoken testimony.

Result: The foundation of the legal system is oral testimony, which offers a
first-hand description of incidents and circumstances that are essential to the
settlement of legal disputes. The courts are able to reach fair and just verdicts
that are also legally sound by carefully evaluating and analysing evidence.

1.2 WRITTEN EVIDENCE

Written evidence plays a vital role in the judicial system as a concrete and
enduring record of facts and occurrences. It is an essential instrument for
discovering the truth, settling conflicts, and guaranteeing the impartial
execution of justice. A vast range of papers, records, and electronic data are
included in written evidence, which is submitted to the court to substantiate or
contradict arguments made by the parties to a dispute.

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Types of Written Evidence: There are many different kinds of written
evidence, such as but not limited to:

1. Documents: Written evidence often takes the shape of contracts,

agreements, letters, invoices, and reports. Written records of conversations,
agreements, and transactions between parties are provided by these papers.

2. Records: Written evidence may be derived from official records that are
kept by companies, government agencies, or other organisations. These
documents consist of bank records, property records, marriage certificates, and
birth certificates.

3. Electronic Evidence: With the advent of digital technology, electronic

evidence has grown in significance. Emails, texts, postings on social media,
and digital documents fall under this category. Certain guidelines apply to the
authenticity and admissibility of electronic evidence.

Admissibility and Authentication: Written testimony has to be properly

authenticated and pertinent to the case at hand in order to be admitted in court.
Typically, authentication entails demonstrating that the document is authentic
and hasn't been tampered with or changed. Expert analysis, witness evidence,
and other methods may be used to accomplish this.

The best evidence rule stipulates that if feasible, the original document should
be used as evidence rather than a copy. In actuality, however, copies of
documents are often accepted provided that certain requirements are satisfied,
such as the duplicate being certified as a genuine copy or the original being
unavailable.

The hearsay rule applies to written evidence and typically forbids the use of
remarks made outside of court as proof of the veracity of the claims made.
This regulation does, however, have certain exceptions, such as official

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 records and commercial records, which are regarded as trustworthy and
accepted.1

Weight and Consideration: Various variables, including as the information's

significance, the source's credibility, and any supporting evidence, determine
how much weight is assigned to written evidence. In light of these
considerations, the court will evaluate the written evidence's reliability and
probative value.
written evidence is essential to judicial processes because it offers a
trustworthy and enduring account of the facts and occurrences. Certain
guidelines and precepts control its weight and admission in order to guarantee
its dependability and applicability to the subject at hand. Parties to a legal
dispute may successfully present their case and seek a reasonable conclusion
by being aware of the subtleties of written evidence.
1.3 DOCUMENTARY EVIDENCE
Documentary evidence makes up a sizable percentage of the evidence that is
offered to the court during legal procedures. It is an essential instrument for
parties to prove or disprove pertinent facts, transactions, or occurrences in the
case. Written documents, records, photos, and electronic data are just a few
examples of the many types of items that are used as documentary evidence to
support or refute claims made by the parties involved.

Types of Documentary Evidence: There are many different kinds of

documentary evidence, including:

1. Contracts and Agreements: Because they set forth the terms and
circumstances that the parties have agreed upon, written contracts and
agreements are frequently important pieces of documentary evidence in legal
disputes.

1
Rai, A. (n.d.). 628. Lawyersclubindia. https://www.lawyersclubindia.com/articles/mode-of-taking-evidence-
under-code-of-criminal-procedure-1973-15364.asp

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2. Business Records: Financial transactions and other business-related matters
are supported by business records, which include ledgers, invoices, receipts,
and financial statements.

3. Official Records: Documentary evidence in court proceedings is derived

from official records kept by government organisations, including birth and
marriage certificates, property records, and court documents.

4. Correspondence: Documentary proof proving communications between

parties can be established through letters, emails, and other types of
correspondence.

5. Reports and Studies: In judicial proceedings, reports, studies, and expert

views are frequently cited as documentation in support of claims or arguments.

Admissibility and Authentication: Documentary evidence needs to fulfil

specific requirements in order to be allowed in court. In order to guarantee its
legitimacy and dependability, it must be pertinent to the disputed issues and
thoroughly authenticated. Typically, authentication entails confirming the
document's contents and tracing its chain of custody.

The best evidence rule states that if possible, the original document should be
used as evidence rather than a copy. However, if certain requirements are
satisfied—for example, if the original document is unavailable or the copy is
verified as authentic—then copies of papers are frequently permitted.

Hearsay Rule: The hearsay rule applies to documentary evidence and

generally forbids the use of statements made outside of court as proof of the
veracity of the claims made. This regulation does, however, have some
exceptions, such as official records and business records, which are regarded
as trustworthy and accepted.

Weight and Consideration: A number of considerations, including as the

information's applicability, the source's credibility, and any supporting

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 documentation, determine how much weight is assigned to documentary
evidence. Taking these elements into consideration, the court will evaluate the
documentary evidence's credibility and probative value.
Documentary evidence is essential to judicial procedures because it offers a
concrete and trustworthy record of the facts and events. Certain guidelines and
precepts that guarantee its genuineness, applicability, and dependability
control its admittance and weight. Parties seeking a just resolution might
successfully present their case by comprehending the subtleties of
documentary evidence.
1.4 TESTIMONIAL EVIDENCE
Testimonial evidence, also referred to as witness testimony, is a crucial type of
evidence used in judicial procedures. It involves someone testifying under oath about
significant observations, information, or experiences they have had. Establishing
facts, narratives, and the veracity of people involved all depend heavily on testimonial
evidence. An extensive examination of testimonial evidence, including its forms,
admissibility, believability, and difficulties, is given in this comprehensive discussion.

Types of Testimonial Evidence: There are various categories into which testimonial
evidence can be divided:

1. Direct Evidence: Eyewitness testimony, such as an eyewitness account of an

occurrence, that directly proves a fact is considered direct evidence.

2. Circumstantial Evidence: This kind of evidence permits a logical deduction but

does not directly establish a fact. A witness might, for instance, describe events that
point to a specific conclusion in their testimony.

3. Expert Testimony: To assist the court in comprehending complicated matters,

experts in a particular field may offer testimony based on their specialised knowledge.
An expert in medicine, for instance, might testify on the origin of an injury.

Admissibility of Testimonial Evidence: In order for testimonial evidence to be

allowed in court, it needs to satisfy a number of requirements related to credibility and
relevance to the problems raised by the case.2 The testimony must be founded on the
witness's firsthand knowledge of the facts they are testifying about.

Credibility of Testimonial Evidence: A key factor in assessing the dependability and

weight of testimonial evidence is its credibility. A witness's credibility can be
2
Basu, D. D., & Mallick, M. R. (1997, January 1). Criminal Procedure Code, 1973 : Act No. 2 of 1974.
http://books.google.ie/books?id=4hXxZwEACAAJ&dq=2.%09Code+of+Criminal+Procedure,
+1973&hl=&cd=2&source=gbs_api

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impacted by a number of factors, such as their attitude, consistency throughout their
testimony, accuracy in perceiving and recalling events, and any possible biases or
motivations.

Problems and Considerations: Testimony evidence presents a number of problems,

including as witness credibility, memory accuracy, and potential biases. In order to
evaluate the credibility of witnesses and the accuracy of their testimony, opposing
counsel will cross-examine them. This is an essential step in the legal process.

Corroboration and Corroborative Evidence: Testimonial evidence may occasionally

be supported by additional types of evidence, such as written or tangible records.
Additional support for the facts stated and a boost to the reliability of testimonial
evidence can be obtained through corroboration.

Testimonial evidence is essential to legal procedures because it offers firsthand

recollections of incidents and situations that are critical to the settlement of legal
issues. It is crucial for both legal professionals and those interested in the legal
process to comprehend the subtleties of testimonial evidence, including its kinds,
admissibility, believability, and difficulties.

1.5 REAL EVIDENCE

Any thing or material that is offered in court to support or refute facts pertinent to a
legal action is referred to as real evidence, sometimes known as physical or tangible
evidence. Real evidence is physical and subject to direct court inspection, in contrast
to testimonial or documentary evidence, which depends on witness testimony or
written records. This thorough explanation examines the many kinds of genuine
evidence in court cases, as well as its admissibility, applicability, and difficulties.

Types of Genuine Evidence: There are many different kinds of genuine evidence,
such as:

1. Physical Objects: Items the court may examine that are pertinent to the case and
include firearms, apparel, tools, or automobiles.

2. Forensic Evidence: Details regarding the events in issue can be ascertained by

evidence gathered from crime scenes, such as bloodstains, DNA samples, and
fingerprints.

3. Visual or audio evidence: Pictures or recordings of a scene or incident that are used
as proof to bolster or contradict arguments made during the trial.

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 Admissibility of Real Evidence: Real evidence must satisfy specific authenticity and
reliability requirements, as well as be pertinent to the case's concerns, in order to be
admitted in court. The evidence's provenance must be established, and this is largely
dependent on the chain of custody—the official record of who possesses and handles
the evidence.

Relevance and Probative Value: Since actual evidence has the capacity to confirm or
refute facts that are pertinent to the case, it is admitted into evidence in court. Real
evidence's ability to offer trustworthy details about the relevant events or situations
determines how persuasive it is.

Difficulties and Considerations: Genuine evidence presents a number of difficulties,

such as chain of custody, preservation, and authenticity concerns. Real evidence may
also be contested on the grounds of its probative value and relevance.

Corroboration and Combination with Other Evidence: To paint a fuller picture of the
events in question, real evidence is frequently combined with other types of evidence,
such as testimony or documentary evidence. The case can be strengthened with
corroborating evidence since it offers several points of support for the facts as they are
presented.3

Real evidence is essential to judicial procedures because it offers concrete, frequently

indisputable confirmation of pertinent events. To properly present or oppose evidence
in court, legal practitioners and anyone involved in the legal process must have a
thorough understanding of the types, admissibility, relevance, and problems
connected with genuine evidence.

CHAPTER 3.

RECORDING OF EVIDENCE

3
I., & Basu, A. K. (1953, January 1). The Indian Evidence Act, 1872. http://books.google.ie/books?
id=_S4D0AEACAAJ&dq=4.%09%E2%80%A2+Indian+Evidence+Act&hl=&cd=4&source=gbs_api

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It is imperative to document evidence in court cases in order to preserve a precise
record of statements and testimonies. It guarantees accountability and openness in the
legal system. This procedure is governed by the procedural norms and the Indian
Evidence Act of 1872. Written notes, audio recordings, or video recordings can all be
used to document evidence, and each has advantages of its own. The court uses the
recorded evidence as a vital point of reference to ensure that matters are decided fairly
and justly.

3.1 CROSS EXAMINATION PROTOCOLS

A key component of the legal process is cross-examination, in which a party examines

a witness for the other party in an effort to gauge the veracity, correctness, and
honesty of their testimony. It is an essential tool for exposing biases, contradictions,
or hidden agendas that could compromise the witness's credibility or the accuracy of
their testimony. The rules and procedures that control how cross-examination is
conducted during judicial processes are referred to as cross-examination protocols.
The purpose of these protocols is to guarantee efficiency, justice, and respect for each
party's rights. The following explains several important cross-examination protocols:

1. Priority of Direct Examination: A witness is usually subjected to direct examination

by the party who called them, followed by cross-examination. By using this format,
the party leading the cross-examination can address and refute the witness's testimony
in light of the inquiries made during the direct examination.

2. Cross-Examination Purpose: Typically, the points discussed during the witness's

direct examination are the only ones that are handled during cross-examination.
Nonetheless, there is considerable latitude for the cross-examiner to pose queries that
might extract fresh details or make unclear passages in the witness's evidence clear.

3. Initiating Queries: Leading questions are used during cross-examination to imply

the desired response. By using this strategy, the cross-examiner might steer the
conversation in a different direction and cast doubt on the witness's reliability.

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4. Removal from Office: During cross-examination, the witness may be impeached,
which is a legal term for undermining a person's credibility by presenting proof of
past inconsistencies in their testimony, bias, or other issues.

5. Confrontation of the Witness: During cross-examination, the cross-examiner has

the chance to confront the witness with contradicting evidence or to cast doubt on
their account of events by asking probing questions.

6. Courtroom Etiquette: Cross-examination procedures place a strong emphasis on the

necessity of decency and decorum in the legal setting. It is required of the cross-
examiner to act in a professional manner and refrain from badgering or bothering the
witness.

The Judge's Function: Overseeing cross-examination and making sure it is done

properly and in accordance with the rules of evidence, the judge is a key player. The
judge may step in to uphold the rules and stop inappropriate questioning.

8. Ability to Disagree: Both parties may raise objections to questions that are
inappropriate, unnecessary, or unjustly biassed during cross-examination. After
making a decision about these objections, the judge might tell the cross-examiner to
change the question or remove it.

Protocols for cross-examination are intended to make sure that the procedure is
impartial, courteous, and successful in determining the reliability of witnesses. It is
imperative for legal professionals to comprehend and follow these procedures in order

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to carry out efficient cross-examinations and maintain the integrity of the judicial
system.

3.2 RECORDING Of TESTIMONY

In order to ensure an accurate and trustworthy account of witness statements and

testimonies, recording testimony is an essential part of judicial processes. This
comprehensive explanation delves into the importance, procedures, and legal
framework related to recording testimony in court.

Importance of Testimony Recording:

Maintaining the statements and testimonies given by witnesses and parties involved in
judicial procedures requires the recording of testimony. It is an essential tool for
keeping an accurate record of remarks and occurrences that can be examined and
confirmed later. Since testimony records the events in an impartial and verifiable
manner, they also improve accountability and openness in the legal system.

Testimony Recording Procedures:

Testimony can be recorded using a variety of techniques, including:

1. Textual Document: Taking written notes or transcribing the statements made by

the parties and witnesses is the conventional approach of recording testimony. For this
procedure to work, the testimony must be carefully recorded by a court reporter or
stenographer.

2. Audio Recording: One popular technique for capturing spoken testimony in a

digital format is audio recording. By using this technique, the statements made by
parties and witnesses are guaranteed to be accurate and corroborated.

3. Capturing Videos:The testimony can be visually and aurally recorded using video
recording, which also records the parties' and witnesses' facial expressions, body
language, and voice tonality. This technique works especially well for capturing
subtleties and nonverbal clues that might not come through in a written or audio
recording.

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Lawful Structure for Testimony Recording:

Depending on the jurisdiction, different legal requirements and procedural guidelines

may apply to the recording of testimony. In India, the Indian Evidence Act of 1872
and the procedural laws pertaining to criminal and civil matters govern the recording
of testimony.

The 1872 Indian Evidence Act:The Act includes laws pertaining to the recording and
admission of evidence, such as guidelines for witness cross-examination, witness
examination, and the use of actual and documented evidence.

The 1908 Code of Civil Procedure: The Code lays out the procedures for witness
examination, document production, and statement recording, among other aspects of
the testimony recording process in civil proceedings.

The 1973 Code of Criminal Procedure The Code outlines the methods for questioning
witnesses, recording statements, and using evidence in criminal proceedings. It also
controls the recording of testimony in criminal trials.

A crucial component of legal procedures is the recording of testimony, which

guarantees the veracity and correctness of witness declarations and evidence.
Maintaining the values of justice and fairness in the legal system requires an
understanding of the importance of the legal framework surrounding the recording of
testimony.

3.3 RECORDING OF STATEMENT OF WITNESES

In order to guarantee that the testimony of the witnesses are appropriately kept for
future reference and evaluation, it is imperative that the witness statements be
recorded throughout legal procedures. The procedure and importance of recording
witness statements are explained as follows:

Importance of Witness Statement Recording:

1. Preservation of Evidence:By recording witness testimony, important evidence that

might be needed to ascertain the case's facts is preserved.

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2. Accuracy and Clarity: By guaranteeing that the witness's testimony is precisely
preserved, a recorded statement reduces the possibility of misinterpretation or
distortion.

3. Transparency:By giving all parties access to the same facts, recorded declarations
encourage transparency in the judicial system.

4. Cross-Examination: The parties can effectively cross-examine a witness by using a

recorded statement as a foundation to refute or explain the witness's testimony.

Processes for Documenting Testimony:

1. Statement in Writing: In the past, court reporters or the witnesses themselves would
write up their witness statements. In certain situations, this approach is still employed,
especially in areas where digital recording is uncommon.

2. Memory Capture:One popular technique for documenting witness statements is

audio recording. It offers a precise and substantiated account of the witness's
declaration, along with voice inflections and any other pertinent details.

3. Video Recording:This method offers an all-encompassing documentation of the

witness's evidence, capturing not just their verbal exchanges but also their nonverbal
cues and body language. This technique is especially helpful for picking up on
nonverbal clues that could be crucial for determining the reliability of the witness.

The Indian Evidence Act of 1872 is the primary legal framework for recording
witness testimonies. It regulates the admissibility of evidence in court cases, including
witness statements. It lays forth how witness statements should be recorded and when
they can be used as evidence in court.

2. The 1973 Code of Criminal Procedure: The Code offers guidelines for the
recording of witness statements in criminal proceedings, along with procedures for the
defence and prosecution to question witnesses.

The **Code of Civil Procedure, 1908:** outlines the procedures for witness
examination and cross-examination as well as the process for recording witness
testimony in civil trials.

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A vital step in the legal process is the recording of witness statements, which
guarantees accurate preservation and efficient evaluation of the evidence. Conducting
fair and transparent judicial proceedings requires an understanding of the procedures
and legal framework around the recording of witness statements.

3.5 MAINTENANCE OF CUSTODY AND INTEGITY

In order to prevent tampering, loss, or contamination of evidence—which could

jeopardise its reliability and admissibility—it is imperative to maintain custody and
ensure its integrity during legal processes. The importance, procedures, and legal
framework pertaining to the preservation of evidence integrity and possession are
examined in length in this exposition.

Importance of Integrity and Custody:

1. Preservation of Evidence: By keeping custody, you may make sure that evidence is
kept unaltered and unmanipulated.

2. Chain of Custody: A formalised chain of custody guarantees the integrity and

admissibility of the evidence by tracing its path from collection to court presentation.

3. Admissibility: Maintaining custody and integrity guarantees the legitimacy and

dependability of the evidence, which is necessary for it to be admitted in court.

Techniques for Preserving Integrity and Custody:

1. Secure Storage: To avoid unwanted access, evidence should be kept in a secure

area, such as a room or lockable cabinet.

2. Labelling and Documentation: Every item of evidence needs to have a label that
includes information about the date, time, location, and identity of the person who
handled it.

3. Sealing: To avoid contamination or manipulation, evidence should be sealed in

tamper-evident packages or containers.

4. Chain of Custody Records: It is necessary to have a chain of custody record that

details how the evidence was handled from its acquisition to its courtroom
presentation.

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5. Handling Digital Evidence: To preserve integrity, digital evidence must be gathered
using forensically sound techniques and kept in a safe, unmodified state.

1. Indian Evidence Act, 1872: Sections 65A and 65B of the Act control the
admissibility of electronic evidence, highlighting the necessity of its authenticity and
integrity. This provides the legal framework for custody and integrity.

The 1973 Code of Criminal Procedure establishes guidelines for the gathering,
storing, and presenting of evidence in criminal trials, along with the upholding of
integrity and custody.

Obstacles & Things to Think About:

1. Contamination: If appropriate care is not taken during the collecting, handling, and
storage of evidence, it may become contaminated.

2. Chain of Custody: When numerous people handle the evidence, it can be difficult
to maintain a clear chain of custody.

3. Digital Evidence: To ensure the integrity of digital evidence and avoid tampering or
manipulation, certain knowledge and techniques are needed.

To ensure that evidence is reliable and admissible in court, custody and integrity must
be maintained. Maintaining the integrity of the legal system requires strict adherence
to established procedures and legal guidelines for the processing and preservation of
evidence.

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 CHAPTER 4.

WEIGHT OF EVIDENCE UNDER CRPC AND EVIDENCE ACT

The weight of evidence in a legal procedure is the importance or value assigned to

various pieces of evidence in supporting or refuting the facts of a case. Determining
the strength of a case and arriving at a fair decision require an understanding of the
weight of the evidence. An outline of how the Indian Evidence Act and the Code of
Criminal Procedure (CRPC) decide the weight of evidence is given in this
introduction.4

Importance of Weight of Evidence:

1. Decision Making:Jurors and judges evaluate the weight of the evidence to

determine whether an accused person is guilty or innocent, as well as whether a party
is liable.

2. Fair Trial: Conducting fair trials and preserving the values of justice depend on
making sure that the weight of the evidence is appropriately assessed.

3. Legal Standards: Reliability, relevance, and admissibility criteria are among the
legal standards that direct the evaluation of the weight of the evidence.

Weight of Evidence under CRPC:

1. Section 3 of CRPC:This section highlights the significance of weighing the

evidence in criminal trials and mandates that in determining an accused person's guilt
or innocence, courts must take into account all pertinent facts and circumstances.

2. CRPC Section 154: This section addresses the documentation of information

pertaining to the commission of a criminal offence, highlighting the significance of
precise documentation and evidence preservation.

Weight of Proof in Relation to the Indian Evidence Act:

4
Mode of Taking and Recording Evidences. (2019, October 14). Law Times Journal.
https://lawtimesjournal.in/mode-of-taking-and-recording-evidences/

23
1. Section 3 of the Indian Evidence Act: All declarations that the court orders
produced in front of it or permits are considered "evidence" under this section.

2. provision 5 of the Indian Evidence Act: This provision specifies that relevant facts
and the facts in question may be mentioned in evidence, and that no fact that is
unrelated to the fact in question is relevant.

3. The Indian Evidence Act, Section 165: The court may question witnesses under this
clause, but the evidence can only be used to support the relevant facts and the facts at
hand.

Elements Affecting the Evidence's Weight:

1. trustworthiness of Witnesses: The dependability and trustworthiness of witnesses in

offering truthful testimony.

2. Corroboration: The existence of supporting or validating evidence to bolster or

validate witness testimony.

3. Consistency: The absence of contradictions or inconsistencies and the consistency

of the evidence.

4. Probative Value: The evidence's ability to support or refute the relevant facts.

5. Admissibility:The admissibility of evidence in accordance with legal requirements

and evidentiary regulations.

A crucial component of judicial proceedings is the weight of the evidence, which

affects how decisions are made and guarantees fair trials. Legal professionals and
other participants in the legal system must comprehend how the Indian Evidence Act
and the CRPC calculate the weight of evidence.

4.1 EVOLUATION OF WITNESS CREDIBILITY

Since the evidence of witnesses frequently influences how a case turns out, assessing
witness credibility is an important part of the legal process. This thorough
examination examines the variables—demeanor, consistency, prejudice, and
corroboration—that go into determining a witness's credibility.

24
Contributing Elements to Witness Credibility:

1. Demand: A witness's attitude, body language, and speech pattern can all have an
effect on how credible they come across. While evasiveness or anxiousness may cast
doubt on the witness's credibility, a calm and confident manner may suggest that the
witness is telling the truth.

2. Consistency:A witness's credibility is largely determined by how consistent their

testimony is, both within the witness's own testimony and when contrasted to other
pieces of evidence in the case. Contradictions or inconsistencies could mean that the
witness is telling lies.

3. Bias or purpose: A witness's credibility may be impacted by bias or purpose, which

could include a personal stake in the case's outcome or a personal connection to one
of the parties. A witness may give testimony that is not totally accurate or true due to
bias.

4. Corroboration: A witness's credibility may be increased by supporting evidence

that backs up their claims. The credibility of a witness can be enhanced by
corroborating testimony or independent proof.

5. Ability to Perceive and Recall: A witness's credibility may be affected by their

capacity to precisely perceive and recall events. The witness's perception and
recollection may be impacted by elements including illumination, distance, and their
mental state at the time of the incident.

6. Previous Statements: The credibility of a witness can be evaluated based on any

previous remarks they have made, regardless of how consistent or incongruous with
their current testimony. Previous remarks that are consistent could increase
credibility, whereas inconsistent statements could cast doubt on them.

Legal Guidelines for Evaluating the Credibility of Witnesses:

25
 1. Indian Evidence Act, 1872: The Act's sections 155 through 165 offer standards for
determining a witness's credibility, along with clauses pertaining to corroboration and
impeachment.

2. Cross-Examination: The opposing side might question a witness during the cross-
examination procedure to gauge their credibility.

Difficulties in Evaluating the Credibility of Witnesses

1. Subjectivity: Determining a witness's credibility is a subjective process that is

prone to biases and personal impressions.

2. Memory and Perception: Because of their limitations, witnesses' recollections and

interpretations of what happened may differ, resulting in inconsistent or inaccurate
testimony.

3. External Influences: Witnesses may be swayed by outside forces, such as peer

pressure or the need to appease or shield an individual.

Assessing the credibility of a witness is a multifaceted procedure that needs

meticulous evaluation of numerous elements. To ensure fair and just legal procedures,
it is crucial to comprehend the elements that affect witness credibility as well as the
legal requirements for determining credibility.

4.2 EXCLUSION OF IRRELEVANT AND ILLEGALY OBTAINED

EVIDENCE

Removal of Superfluous and Unlawful Evidence: A Comprehensive Synopsis

Ensuring that evidence collected illegally or unrelated to the case is excluded is crucial to
maintaining the ideals of justice and fairness in legal procedures. This comprehensive
synopsis delves into the importance, procedures, and legal structure pertaining to the
exclusion of said evidence.

Importance of Not Including Unlawful and Irrelevant Evidence:

1. Fairness: By keeping the focus on facts that are directly relevant to the case, excluding
unnecessary evidence helps to avoid unfair prejudice and diversions.

26
2. Protection of Rights: People's rights against unauthorised searches, seizures, and other
breaches are safeguarded by excluding evidence that was collected illegally.

3. Judicial Efficiency: By concentrating on relevant facts and issues, excluding irrelevant and
unlawfully obtained evidence helps to expedite judicial proceedings.

Actions to Take to Remove Unlawful and Irrelevant Evidence:

1. Objection: During the trial, parties may raise objections to the presentation of irrelevant or
unlawfully obtained evidence. After that, the judge will apply the law to assess whether or
not the evidence is admissible.

2. Motion to Suppress: The defence may move to suppress evidence that was obtained
illegally, asking the court to rule that the evidence should not be taken into account.

3. Pretrial Conference: Before the trial starts, the court can resolve any issues by having a
discussion with the parties about the admissibility of evidence.

The Indian Evidence Act of 1872 contains provisions for the admissibility of evidence,
including the exclusion of irrelevant evidence. Sections 5 to 55 of the Act establish the legal
framework for eliminating illegally obtained and irrelevant evidence.

2. The 1973 Code of Criminal Procedure lays out guidelines for the conduct of criminal trials,
including guidelines for the exclusion of evidence that was obtained unlawfully.

3. Constitutional Rights: The Indian Constitution protects a number of rights, including the
right to privacy and the prohibition on self-incrimination, which may have an effect on the
admissibility of certain types of evidence.

Difficulties and Points to Remember:

1. Interpretation of Relevance: Determining the significance of the evidence can be a

subjective process that changes depending on the case's circumstances.

2. Procedural Compliance: To avoid evidence being excluded due to illegality, it is

imperative to ensure that it is gathered in compliance with legal procedures.

3. Balancing Test: When deciding whether evidence is admissible, courts frequently weigh
the probative value of the evidence against its potential to be harmful or the way it was
collected.

27
It is essential to exclude irrelevant and unlawfully obtained evidence in order to uphold
justice, safeguard rights, and guarantee the effectiveness of legal processes. Maintaining the
integrity of the legal system depends on following the rules and guidelines regarding
admissibility of evidence.

28
 CHAPTER 5
CASE LAWS
1. State of Punjab v. Sarwan Singh Rattan Singh (1957): The Indian Supreme Court
stressed in this decision how crucial it is to document evidence in a way that upholds
natural justice principles. The court ruled that an improperly recorded piece of
evidence may lead to an injustice.

2. Durga Prasad v. State of U.P. (1974): The Indian Supreme Court ruled in this case
that, in order to guarantee that the case's facts are appropriately presented, evidence
should be recorded in a clear and succinct manner. The court stressed that in order to
avoid misconceptions and misinterpretations, accurate recording is essential.

3. State of Andhra Pradesh v. Mohd. Abdul Hafeez Khan (1983):The Indian Supreme
Court stressed in this instance how crucial it is to record testimony in a language that
the witness can understand. The court ruled that failing to do so could make the
evidence inadmissible and untrustworthy.

4. State of Haryana v. Dharam Pal (2016): The Punjab and Haryana High Court
underlined in this case the necessity of electronic evidence recording in order to
guarantee correctness and openness in the legal system. The court decided that
electronic recording can aid in avoiding disagreements regarding the evidence's
content.

5. Dr. Praful B. Desai v. State of Maharashtra (2003): The Indian Supreme Court
stressed in this judgement how crucial it is to document evidence in a way that
complies with the norms of evidence. The court decided that if this isn't done, the
evidence might not be taken into account.5

6. Baldev Singh v. State of Punjab (1999): The Indian Supreme Court stressed in this
instance how crucial it is to reject evidence that was seized or searched illegally. The

5
Nath, B., & Malik, P. L. (1974, January 1). Cases and Materials on the Code of Criminal Procedure, 1973 (act
No. 2 of 1974). http://books.google.ie/books?id=bP8UGQAACAAJ&dq=2.%09Code+of+Criminal+Procedure,
+1973&hl=&cd=3&source=gbs_api

29
court decided that evidence collected against the accused's constitutional rights need
to be disregarded.

7. Director of Inspection v. Pooran Mal (1974): The Indian Supreme Court ruled in
this instance that evidence collected under duress or inducement is not admissible.
The court underlined that such evidence must be excluded in order to maintain the
integrity of the legal system.

8. Maharashtra State v. R.M. Malkani (1973): The Indian Supreme Court ruled that
evidence gathered by illegal telephone tapping in this case is not acceptable under
the Telegraph Act. The court stressed how important it is to safeguard people's
privacy as well as the integrity of communications.

9. State of Gujarat v. Zahira Habibullah Sheikh (2004): The Indian Supreme Court
stressed in this case the value of a fair trial and the elimination of any evidence
that was gained by force or intimidation. The court ruled that evidence that was
fraudulently obtained must be excluded in order to ensure that everyone has the
right to a fair trial.

10. Deoman Upadhyaya v. State of U.P. (1960): The Indian Supreme Court ruled in
this instance that confessions made under coercion or inducement are not
admissible. The court underlined that a confession cannot be admitted unless it is
voluntary.

30
 CHAPTER 6.

CONCLUSION

The core components of guaranteeing the fairness, transparency, and integrity of legal
procedures are the appropriate gathering and recording of evidence. Upholding the ideals of
justice and avoiding unjust bias require the exclusion of irrelevant or unlawfully obtained
material.

Crucial elements of this procedure include the assessment of witness reliability, preservation
of evidentiary integrity and custody, and compliance with admissibility laws. These elements
support upholding public confidence in the legal system in addition to aiding in the
determination of a case's facts.

Numerous cases that highlight the importance of these ideas in preserving the rule of law and
defending individual rights have been recognised by Indian jurisprudence. These cases serve
as a helpful reminder of how crucial it is to conduct trials in a way that is compliant with the
rules of evidence and natural justice principles. All things considered, maintaining a fair and
just judicial system depends on the appropriate gathering, logging, and assessment of
evidence.

31
 CHAPTER 7 .

REFERENCES

1. Rai, A. (n.d.). 628. Lawyersclubindia.

https://www.lawyersclubindia.com/articles/mode-of-taking-evidence-under-code-
of-criminal-procedure-1973-15364.asp

2. Basu, D. D., & Mallick, M. R. (1997, January 1). Criminal Procedure Code,
1973 : Act No. 2 of 1974. http://books.google.ie/books?
id=4hXxZwEACAAJ&dq=2.%09Code+of+Criminal+Procedure,
+1973&hl=&cd=2&source=gbs_api

3. Nath, B., & Malik, P. L. (1974, January 1). Cases and Materials on the Code of
Criminal Procedure, 1973 (act No. 2 of 1974). http://books.google.ie/books?
id=bP8UGQAACAAJ&dq=2.%09Code+of+Criminal+Procedure,
+1973&hl=&cd=3&source=gbs_api

4. I., & Basu, A. K. (1953, January 1). The Indian Evidence Act, 1872.
http://books.google.ie/books?
id=_S4D0AEACAAJ&dq=4.%09%E2%80%A2+Indian+Evidence+Act&hl=&cd
=4&source=gbs_api

5. Mode of Taking and Recording Evidences. (2019, October 14). Law Times
Journal. https://lawtimesjournal.in/mode-of-taking-and-recording-evidences/

32