The ultimate object of the judiciary is to do justice, when justice is possible? only when a proper procedure has been followed, when both parties got equal opportunity to prepare their defence when the parties get an equal opportunity to produce their evidence before a court, and very importantly when the best evidences has been produced by the parties and such evidences are extracted by the court in order to reach the judgment.
It is very important that the trial not goes vague means it should be taken care that whatever parties are producing as evidence before a court should be relevant to the case because only then the court can reach a conclusion. So The Evidence Act gives us provisions which are guiding to parties i.e as to on what facts evidence is allowed to produce and what facts are irrelevant on which evidence is not allowed to produce before a court, Evidence act guides not only parties but also bounds the court, that court can allow evidences only on relevant facts or fact in issue and not otherwise, Even it gives certain powers to court in order to extract the best evidence among all pieces of evidence in order to do justice with parties.
Following are the provisions that give the cardinal principle of evidence-
- Section 60 of the Indian Evidence Act- this section states that oral evidence should be direct and not hearsay
- Section 64 of the Indian Evidence Act- This section states that in case of documentary evidence, primary evidence shall be preferred over the secondary evidence
- Sections 91 & 92 of the Indian Evidence Act- Both these sections are excluding oral evidence for any document.
- Some special powers are given to the court which enables the court to extract the best evidence of parties and they are section 165 Evidence Act, section 311 & 313 of CrPC
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