For evidence to have any value in the eyes of courts of law, what are essential ingredients for being replied upon in the courts of law? What are the tests to determine relevancy?
CS Professional · Internal and Forensic Audit · PYQS · June 2025
For evidence to have any value in the eyes of courts of law, what are essential ingredients for being replied upon in the courts of law? What are the tests to determine relevancy?
Answer & Explanation:
For evidence to have any value in the eyes of court of law and be relied upon on reaching the decision these few rules have to be kept in mind: Relevancy; Admissibility; and Weight. Tests to determine Relevancy Often it becomes difficult to draw a line between relevant and irrelevant material. In such circumstances it becomes necessary to lay down test of relevancy. The test can be considered by also having a look at two types of relevancies. Logical Relevancy: The reliance is to be proved on common stock of knowledge about the world that is logic, common sense and general experience. Thus, when we derive relevancy on the basis of logic it can be said logical relevancy. There are many ways to derive relevancy on the basis of logic. For example, syllogism. A syllogism is a type of logical reasoning where the conclusion is gotten from two linked premises. An apple is a fruit. All fruit is good. Therefore, apples are good. All Thieves are Criminals; A is a Thief; Therefore, A is a Criminal. But Logical relevance is not necessarily be admissible in the court of law. If the legislature lays down guidelines to test relevancy, then such guidelines will prevail over logical reasoning. Legal Relevancy: By legal relevancy, it means that a fact should be relevant under the rules laid down by law. In India Section 5 of the Act, provides that only those evidences can be given which are relevant under the Act. (Section 6 to 55). Hence, these provisions lay down what are the relevant facts to be considered while recording evidences. Any fact howsoever material not falling under the provisions will not be considered as evidence and hence not admissible. Thus, the actual test to determine relevancy becomes whether the fact is relevant under the provisions of the statute or not.
Topics: Forensic Audit / Legal Evidence
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