Law of Evidence at Sri Lanka
The Law of Evidence in Sri Lanka is governed primarily by the Evidence Ordinance No. 14 of 1895, which is based on the Indian Evidence Act of 1872. This ordinance, along with judicial interpretations and principles of common law, forms the foundation for the rules on the admissibility, relevance, and evaluation of evidence in the Sri Lankan courts.
Here is an overview of the key principles of the Law of Evidence in Sri Lanka:
📘 Law of Evidence in Sri Lanka
🔹 General Framework
Sri Lanka follows a mixed legal system influenced by Roman-Dutch law, English common law, and local legislation. The Evidence Ordinance of 1895 provides the statutory framework for evidence rules in Sri Lanka, and the Civil Procedure Code and Criminal Procedure Code also contain provisions relating to the presentation of evidence.
🔹 Key Provisions of the Evidence Ordinance
Relevance and Admissibility of Evidence:
Relevance: Evidence must be relevant to the facts in issue in the case. Irrelevant evidence is not admissible in court.
Admissibility: Only legally obtained evidence is admissible. Evidence obtained through coercion or in violation of constitutional rights may be excluded.
Types of Evidence:
Oral Evidence: The testimony of witnesses is a primary form of evidence in Sri Lankan courts. Witnesses are required to take an oath or affirmation before giving testimony.
Documentary Evidence: Written documents, including contracts, letters, and official records, are admissible if they are relevant and properly authenticated.
Real Evidence: Physical evidence, such as weapons, tools, or objects, can be introduced if they are directly connected to the facts of the case.
Hearsay Rule:
Hearsay evidence (statements made outside of court offered to prove the truth of the matter asserted) is generally inadmissible.
However, exceptions to the hearsay rule exist, such as:
Statements made under certain conditions of reliability (e.g., statements made in the course of business or in response to an inquiry).
Statements made by a person who is unavailable to testify (e.g., deceased persons or those who are unable to appear due to illness).
Burden of Proof:
In criminal cases, the prosecution bears the burden of proof, and they must prove the defendant's guilt beyond a reasonable doubt.
In civil cases, the plaintiff bears the burden of proof and must prove their claim by a preponderance of the evidence (greater weight of evidence).
Presumptions: Certain facts are presumed under the law, such as the presumption of legitimacy or the regularity of official acts.
Witness Testimony:
Examination: A witness will be subject to direct examination, cross-examination, and re-examination. The opposing party can challenge the credibility of the witness through cross-examination.
Competence: In Sri Lanka, all individuals are generally competent to testify, but certain persons may be exempt, such as spouses or individuals with mental disabilities.
Oath or Affirmation: All witnesses must take an oath or affirmation before giving testimony in court.
Documentary Evidence and Authentication:
Documents presented in court must be authenticated. If the original document is not available, secondary evidence (e.g., copies) may be admissible under certain conditions.
Public documents (e.g., official records) are generally presumed to be authentic, but their authenticity can be challenged.
Best Evidence Rule:
The best evidence rule requires that the original document be presented when the contents of the document are in dispute, unless an exception applies (e.g., a copy may be admissible if the original is unavailable).
Expert Evidence:
Expert witnesses are often called to provide specialized knowledge in matters outside the ordinary knowledge of the court, such as forensic evidence, medical opinions, or technical details.
The opinion of an expert must be based on their qualifications and expertise in the relevant field.
Exclusionary Rules:
Evidence that is obtained unlawfully, such as through torture or illegal searches, may be excluded from court. Evidence that causes unfair prejudice, waste of time, or confusion may also be excluded by the judge.
In some cases, evidence may be excluded if its admission would violate public policy, such as the right to privacy or the right against self-incrimination.
Electronic and Digital Evidence:
Sri Lanka recognizes electronic evidence such as emails, text messages, and digital records, provided the evidence is authentic, relevant, and properly presented.
Electronic documents are admissible if they meet the standards set out by law, and expert testimony may be required to authenticate and evaluate digital evidence.
📜 Sources of Evidence Law in Sri Lanka
Evidence Ordinance No. 14 of 1895: This is the primary legislation governing the rules of evidence in Sri Lanka.
Civil Procedure Code and Criminal Procedure Code: These codes also contain provisions related to the admission of evidence in civil and criminal cases.
Judicial Precedents: The Supreme Court of Sri Lanka and Court of Appeal decisions play an important role in interpreting the Evidence Ordinance and establishing legal precedents.
📊 Evidence in Criminal Cases
In criminal proceedings, the prosecution must prove the guilt of the defendant beyond a reasonable doubt.
Confessions: The admissibility of confessions is governed by strict rules. Confessions must be voluntary and made in accordance with the defendant's constitutional rights.
Hearsay Exceptions: Hearsay may be admissible in certain cases, such as when the declarant is unavailable or when it meets specific legal exceptions (e.g., dying declarations).
📋 Recent Developments and Reforms
Sri Lanka has also engaged in discussions regarding legal reforms related to digital evidence, as technology and electronic transactions become more prevalent. The Computer Crimes Act (No. 24 of 2007) deals with cybercrimes, and there are provisions for handling electronic evidence.
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