Skip to main content

The Best Evidence Rule.

The Best Evidence Rule is a legal principle that requires the introduction of the original, or best available, evidence in order to prove the contents of a document or record. Under this rule, secondary evidence, such as a copy or a recollection of the contents of a document, is generally not admissible unless the original document is unavailable.

The purpose of the Best Evidence Rule is to ensure the accuracy and authenticity of evidence presented in court. It is based on the idea that the best evidence of the contents of a document is the document itself, rather than a copy or a person's recollection of its contents.

There are some exceptions to the Best Evidence Rule, such as when the original document has been lost or destroyed, or when it is not practical or possible to produce the original document. In these cases, secondary evidence, such as a copy, may be admissible if certain conditions are met.

The Best Evidence Rule is an important principle in the law of evidence, as it helps to ensure the accuracy and reliability of evidence presented in court. By requiring the introduction of the original or best available evidence, it helps to prevent the presentation of inaccurate or misleading information and promotes the fair administration of justice.

Popular posts from this blog

Preliminary Investigations Report.

A preliminary investigations report is an initial document that summarizes the findings and progress of an ongoing investigation into an incident. It serves as an interim report, providing an overview of the initial information collected and the steps taken during the early stages of the investigation. Here are some key components typically included in a preliminary investigations report: Introduction: Provide a brief introduction to the report, stating the purpose, scope, and context of the investigation. Incident Summary: Provide a concise summary of the incident, including the date, time, location, and a high-level description of what occurred. Investigation Team: Identify the members of the investigation team or individuals involved in the preliminary investigation. Methodology and Approach: Describe the methods, techniques, and approaches used in the preliminary investigation. This may include witness interviews, documentation review, site visits, data analysis, and any other inve...
Read more

Forgery.

Forgery refers to the act of creating, altering, or imitating a document, signature, or other item with the intent to deceive or defraud others. It is considered a criminal offense in many jurisdictions, including Kenya. In Kenya, forgery is primarily addressed under the Penal Code, Sections 340 to 359. These sections define and establish offenses related to forgery, including the following: Forgery of Documents: Section 340 of the Penal Code criminalizes the forgery of documents, such as legal instruments, contracts, banknotes, stamps, or any other document with legal or financial significance. Making False Documents: Section 347 makes it an offense to make false documents with the intent to use them or cause them to be used as genuine. This includes creating counterfeit documents, altering existing documents, or using false information to create a document. Uttering False Documents: Section 352 addresses the offense of uttering false documents, which refers to the act of using or pre...
Read more

The Penal Code.

The Penal Code of Kenya is a legal document that outlines the various criminal offenses and their corresponding penalties in the country. It provides a framework for the criminal justice system in Kenya and serves as a guide for law enforcement agencies, prosecutors, judges, and other legal professionals involved in the administration of justice. The Penal Code is governed by the laws of Kenya and has undergone several revisions over the years to reflect changes in society and legal developments. The most recent version of the Penal Code in Kenya is based on the Penal Code Act, Chapter 63 of the Laws of Kenya. The Penal Code covers a wide range of criminal offenses, including but not limited to offenses against the person (such as murder, assault, and rape), offenses against property (such as theft, burglary, and arson), offenses relating to public order (such as rioting and unlawful assembly), offenses against morality (such as prostitution and pornography), offenses against the state...
Read more