Real Evidence (Physical Evidence / Material Evidence) Under BSA
Real Evidence (Physical Evidence / Material Evidence)
Real evidence is also known as physical
evidence , which includes any object or material that the court can directly
see, touch, or inspect. This type of evidence which is based on physical items
which are connected to the case.
Common examples include: Fingerprints , Blood or DNA samples , Weapons like
knives or guns , Clothing, narcotics, or any object linked to the crime .Real
evidence is generally accepted in court because it directly helps to prove or
disprove a fact. Since it is often tied to the central incident (like a murder
weapon or the victim’s clothing), it carries strong evidentiary value.
However, before real evidence can be used in a trial, it must be shown to be:
- Relevant which means it should be connected to the case
- Material which is significant to the issue
- Authentic which means proven to be what it claims to be
To prove these elements, lawyers must lay a foundation, usually through
witnesses who explain the object’s chain of custody like where it was found,
who handled it, and how it was preserved.
Case Law :
Mara Venkateswara Rao v. Oleti Vana Laxmi (2008) Andhra Pradesh High court
In this case, the dispute involved inheritance of a
mother’s self-acquired property. The daughter filed for partition, while the
son argued that she and her brother were not actually born to the mother and
therefore had no inheritance rights.
Since maternity itself was disputed, the court ordered
both parties to undergo a DNA test to determine the truth. This is a example of
real evidence . Here, DNA was being used to resolve a key issue in the case.
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