THE BEST EVIDENCE PRINCIPLE: MEANING, DEVELOPMENT, CONSEQUENCES AND ITS APPLICATION IN PAKISTAN

Abstract

The obligation of parties to bring the best available evidence is one of the major pillars of evidence. However, there is lack of research on how this principle can be explained in light of the various rules contained in Qanoon e Shahdat Order (hereinafter QSO). The present study had two main objectives; firstly, to explore the best evidence principle in common law countries and secondly, how this principle can be explained in the context of QSO. After doctrinal analysis, the present study found that the best evidence principle was invented by courts which meant that original evidence and not its derivatives would be produced to prove a fact if original could be presented. The study also found that the principle excludes only that evidence which itself indicates the existence of more original sources of information. Similarly, QSO contained various general principles and exceptions to the best evidence principle. It is hoped that the present study will be helpful in understanding the scope and application of this principle in Pakistan.

Keywords: Best Evidence, Original Evidence, Hearsay Evidence, Consequences of Failure to Produce Best Evidence, Official Documents