In cases of murder, rape, etc., the police seek the opinion of the Public Prosecutor`s Office before laying charges, but if there is not enough evidence, the investigation may take longer. The preservation of the opinions of the victim, the indictment are decided on the basis of evidence during an investigation, the public interest and legal principles. The main objective of any judicial system, regardless of the State, is to exercise justice and protect the rights of citizens. For the administration of justice, any judicial system must take into account the facts of the cases and extract the right facts for complete justice; and this is where the importance of procedural law comes into play, which establishes different rules for verifying the value of the facts presented by the perpetrator and the victim. After the trial, substantive evidence is used to determine the nature of the case and settle the case. The elements, i.e. the substance of the case, are defined by substantive law. Once the hearing of evidence has been presented by prosecutors and as part of their own investigation, the grand jury will vote on whether to dismiss or continue the case. But the suspect is innocent until proven guilty.
the decision to lay charges is largely made on the basis of the evidence against the suspect. Conduct – Section 8 of the Indian Evidence Act also defines “conduct”, here behavior refers to external behavior of a person. To determine whether a person`s conduct is relevant to the incident, the court must establish a link between the conduct of a person who committed the crime and the conduct of the incident. The most important role of this party is that the conduct in question must lead the court to a conclusion of the dispute. If the Court has reached a conclusion, the conduct has been sooner or later, it shall be duly examined by the Court. It is quite clear that conduct is one of the very important pieces of evidence explained in section 8, and this meaning is only taken into account if that conduct is in direct form, otherwise, if the conduct is indirectly recognized, it loses its meaning. The rules of procedure of some States provide for a two- or two-part procedural system in which the sentence is carried out in a separate trial that takes place after a guilty verdict. The sentencing phase follows the same basic procedural laws as the guilt or innocence phase, with the same jury hearing evidence and rendering verdicts. The judge will inform the jury of the severity of the sentences that may be imposed under state law. Evidence is the only way for the court to draw conclusions in making a decision. The definition of evidence explains that evidence is proof of fact in questions, so without evidence there is no way to prove a fact in questions or even to establish facts in cases. It is very obvious that it is not a very difficult task to gain trust by violating the basic structure of the law, but in the context of the protection of these rights, the evidence, the law comes into play.
The law of evidence establishes the basic principles and rules of collection. Therefore, the process of proving facts or evidence should be governed by well-established legislation in order to achieve a timely and fair judicial system. The general definition of conclusive evidence is a condition, if one fact is established, then the other facts or conditions become conclusive evidence for another, as explained in this law. In its examination, the Court considers that all other facts are proved only if a fact of the case is proved without a reasonable doubt. And if the other facts are proved on the basis of proof of a fact that the court cannot admit evidence that excludes other facts that are presumed to be conclusive evidence, but the law of evidence does not fall under substantive law or procedural law, but it is an object of “adjective law” that defines pleading, evidence and procedure in relation to substantive law. The general meaning of “evidence” is “a set of facts and information that indicate or assess the value of facts or evidence.” (3) By whom and in what manner must evidence be provided by which each fact is proved” Although each State has adopted its own procedural laws, generally referred to as the “Code of Criminal Procedure”, among the basic procedures followed in most jurisdictions are: the purpose of the courts is to establish the truth using the best available evidence and to serve justice. Evidence is important in procedural and substantive law. Procedural law determines the procedure to be followed for the case, while substantive law governs how the facts of the case are to be dealt with and determines the charge for the crime. Substantive law determines the rights in all judicial proceedings, as well as how a person must behave in accordance with an existing social norm. The law of evidence is not only a fundamental principle that governs the evidentiary process, but also has a multidimensional purpose of regulating the rules of evidence procedure in judicial proceedings. Although its moral dimension is a special good in criminal trials, as it strives to protect the innocent and to value the guilty person to ensure complete and fair justice.
On the other hand, the rules of evidence also have the ability to hide the truth and prevent the truth from being revealed in public in order to protect the mass public interest. In Jitender Kumar v. Haryana State,[15] the court did not believe the alibi plea because the defendant did not provide sufficient evidence to justify the defense. And the court supported the case of the prosecutor`s office. Procedural and substantive law may be modified over time by Supreme Court decisions and constitutional interpretations. In Mohan Lal vs Emperor[7]: The defendant was charged with fraud when he imported goods from the port of Okha to the port of Karachi without paying the appropriate customs duties, as he entered into agreements with the customs authority. The prosecution presented sufficient evidence to prove that the defendant was prepared to circumvent import duties. The court ruled that the defendant`s act was totally illegal and prohibited by law, which is why the defendant is responsible for the preparation.
According to Stephen`s definition in the Stanford Encyclopaedia of Philosophy, “evidence” means and includes – (1) any statement that the court permits or requires to be made by witnesses before it …; such statements shall be referred to as oral evidence (2) all documents submitted to the court for inspection; all of these documents are called documentary evidence.3 Laws that prescribe the modalities or govern the application of substantive law are called “procedural laws” or “adjective laws”. In Sahabuddin & Anr v. State of Assam[14] As soon as the court has doubts about the alibi objection and the defendant does not make a substantive statement to support his testimony under Article 313 of the Code of Criminal Procedure, the court has the power to draw a negative or non-positive conclusion against the defendant. While “the words `due process` indicate a concern for the procedure rather than the substance”, the appropriate procedure clause is widely understood to ensure both due process and due process. Compared to procedural criminal law, substantive criminal law concerns the “substance” of the charges against the accused. Each charge consists of specific elements or actions that amount to the commission of a crime. Substantive law requires prosecutors to prove beyond any doubt that all elements of the offence were committed as charged so that the accused can be convicted of this crime. .