UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Volume 11 | Issue 5 | May 2024

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Published in:

Volume 11 Issue 4
April-2024
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIR2404B57


Registration ID:
538255

Page Number

l421-l435

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Title

The role of the judge in the trial process and the evaluation of evidence in Indian courts, including the principles of evidence.

Abstract

The Indian judicial system is a cornerstone of democracy, founded on the bedrock of impartiality and competence exhibited by its judges. These judicial stalwarts play a pivotal role in upholding the sanctity of the rule of law and ensuring the equitable dispensation of justice across the vast and diverse landscape of the nation. At the heart of this intricate legal framework lies the trial process, where judges wield considerable authority in the evaluation of evidence, determining the fate of litigants and shaping the course of legal disputes. This study embarks on a comprehensive exploration of the multifaceted role of judges within Indian courts, delving deep into the nuances of their decision-making processes. It focuses particularly on elucidating the guiding principles that underpin their judgments, namely the burden of proof, presumption, and standard of proof. These principles serve as guiding lights, illuminating the path towards just outcomes in legal proceedings, while ensuring that the scales of justice remain finely balanced. The burden of proof, a cornerstone of legal proceedings, delineates the responsibility of parties to substantiate their claims with credible evidence. It acts as a safeguard against unfounded assertions, compelling litigants to provide a cogent and persuasive case to support their arguments. Similarly, the presumption of innocence stands as a bulwark against arbitrary deprivation of liberty, placing the onus squarely on the prosecution to prove guilt beyond a reasonable doubt. This foundational principle ensures that individuals are not unjustly punished in the absence of compelling evidence against them. Concomitantly, the standard of proof serves as a yardstick, demarcating the threshold of evidence requisite for a finding of liability or culpability. Whether it be the preponderance of evidence in civil cases or proof beyond a reasonable doubt in criminal proceedings, this standard ensures that judicial decisions are rooted in robust evidentiary support, safeguarding against erroneous verdicts and miscarriages of justice. Nevertheless, the evaluation of evidence is far from straightforward, often presenting judges with complex and nuanced dilemmas. In navigating this intricate terrain, judges are vested with significant discretionary powers, allowing them to draw upon their expertise, wisdom, and judicial acumen to interpret evidence and arrive at well-informed verdicts. However, this discretion is not unfettered; judges must ensure that their decisions are grounded in sound legal principles and adhere scrupulously to the rules of admissibility, which dictate the types of evidence that can be considered by the court. By scrutinizing the specific guidelines and standards that govern judges' decision-making processes, this research paper endeavors to shed light on the pivotal role played by judges in the administration of justice within Indian courts. It seeks to unravel the complexities inherent in the judge's function, offering insights into how judges uphold fairness, impartiality, and adherence to the rule of law. Ultimately, by safeguarding the rights of all parties and maintaining public trust in the judicial system, judges play a vital role in preserving the integrity and efficacy of the Indian legal landscape.

Key Words

CRPC : Code of Criminal Procedure. CPC : Civil Procedure Code. IEA : Indian Evidence Act. TJ : Territorial Jurisdiction. IPC : Indian Penal Code. CJM : Chief Judicial Magistrate.

Cite This Article

"The role of the judge in the trial process and the evaluation of evidence in Indian courts, including the principles of evidence.", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.11, Issue 4, page no.l421-l435, April-2024, Available :http://www.jetir.org/papers/JETIR2404B57.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"The role of the judge in the trial process and the evaluation of evidence in Indian courts, including the principles of evidence.", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.11, Issue 4, page no. ppl421-l435, April-2024, Available at : http://www.jetir.org/papers/JETIR2404B57.pdf

Publication Details

Published Paper ID: JETIR2404B57
Registration ID: 538255
Published In: Volume 11 | Issue 4 | Year April-2024
DOI (Digital Object Identifier):
Page No: l421-l435
Country: Patna , Bihar, India .
Area: Other
ISSN Number: 2349-5162
Publisher: IJ Publication


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