Nature of Evidence Required for Proof
Summary of the Law
I. T HE R ULE OF B EST E VIDENCE .
II. R EQUIREMENTS OF THE R ULE OF B EST E VIDENCE .
(i) The rule of Best Evidence requires.
(a) That if the Evidence is oral then it must be direct.
(b) Exceptions.
(ii) The rule of Best Evidence requires that if the Evidence is documentary then.
(i) It must be original,
(a) Exceptions,
(ii) it be exclusive,
(a) Exceptions.
ยง The Rule of Best Evidence :
It is an incontrovertible proposition of law that the party who is to prove any fact must do it by the best evidence of which the nature of the case is capable.
This rule, really speaking, underlies the whole law of Evidence.
(i) It is because of this rule that the law requires as a condition precedent to the admissibility of Evidence that there should be an open and visible connection between the principal and evidentiary facts.
(ii) It is because of this rule that the law requires that Evidence in order to be receivable should come through proper instruments.
(iii) It is because of this rule that the law requires that the evidence to be admissible should be original and not derivative.
At one time the rule of Best Evidence was very strictly applied. But its application is now greatly relaxed and what were once objections to admissibility now went merely to sufficiency on weight.
But the rule still survives and is illustrated by the requirements of the law of evidence in respect of oral Evidence and documentary evidence.