Science of Evidence: Theory and Practice

'Law' is simply an 'Order.' It is a system of being the aggregate of those commandments and principles which are either prescribe or recognized by the governing power in an organized jural society as it will in relation to the conduct of the members of such society, and which it undertakes to maintain and sanction and to use as the criteria of the actions of such members. Evidence law, no doubt, is one part of the major spectrum of 'Law.'

Law of evidence is categorized under adjective law together with procedural laws, both criminal and civil procedure. Of course some scholars suggested that there will not be any problem if we incorporate rules of evidence as one part of procedural law since they have similar purpose. However, the consensus has been reached in categorizing law of evidence as one part of adjective law for the sake of establishing more effective system of adjudication of cases before the court of law. Although one can see grains of evidence law in procedural laws, their main dealing is with how pleadings can be framed, investigation conducted, evidence collected etc. This does not necessarily make the law of evidence to be part of procedural law.

There are certain issues procedural laws never address and are left to evidence law. For instance, in the procedural law you did not study about the standard of proof, facts to be proved or need not be proved and the valve to be given to each term of evidence etc. These are left to evidence law therefore evidence law is not strictly speaking procedural law, but shares the commonality with procedural laws in the sense that both are means to the enforcement of the substantive law. Thus, evidence law suitably falls within the general category of 'adjective laws', which deal with the enforcement of the substantive law.

Sometimes Judges fail to recall the evidence accurately, become confused by complex trials and those involving complex evidence and are often swayed by legally irrelevant information. This book is intended to serve as guide to judicial officers and advocates, to provide them comprehensive information about every critical aspect of evidence with relevant other substantive and procedural laws.

Evidence is not a mere law; it is the discipline of the Court's adjudication process. There is no purpose in reading the sections of the Indian Evidence Act alone. Every provision of the Evidence Act has to be read along with procedural law and other legislations. If once the Judicial officers as also the Advocate has a compact seize over the Evidence law, it is easy for them to understand the implications while recording, allowing and interpreting the evidence to finally adjudicate upon the issue, be civil, criminal or administrative. Many text books and commentaries on Law of Evidence are reflecting the judicial thinking on the relevant provisions of the Evidence Act only, leaving aside the procedural information relating to the Evidence. The Authors endeavored to give an all-inclusive study of law of evidence and that is the reason why the book is titled as 'Science of Evidence'. The Authors are not venturing to claim that the book is a unique one but certainly, it is presented in a very handy and with practical oriented approach.