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NUALS LAW JOURNAL, 2019
The doctrine of judicial notice allows the adjudication of facts without formal evidentiary requi... more The doctrine of judicial notice allows the adjudication of facts
without formal evidentiary requirements. If a fact is judicially
noticed it is presumed to be conclusive, which means the fact
need not to be proved. The courts often take notice of a fact
that is familiar and notorious. However, there are intricacies in
deciding whether a particular fact is open to judicial notice
since there are certain facts which concerning science, the
personal knowledge of judges, public record of a court of law
etc. Similarly, the history of the doctrine of judicial notice
shows that there is confusion regarding the conclusiveness of
the fact once judicially noticed by a superior court of law. This
article explores the doctrine of judicial notice, in particular its
application on scientific facts, and also attempts to resolve
some of the confusion connected with its effect on the trial of
facts. The article also argues that it is not wise to consider the
issues surrounding the application and effect of the doctrine of
judicial notice in a perplexed manner and argues that there is
no need to create a rule of law in considering judicially noticed
facts as absolute proof; and instead reserve it for the
application of judicial discretion whenever necessary,
subjecting it to the review mechanism of the appellate courts.
The Lex-Warrier: Online Law Journal, 2019
The forensic scientific evidence is always warranted in criminal investigation and adjudication p... more The forensic scientific evidence is always warranted in criminal investigation and adjudication process. It has been considered as the evidence provided by God when the legal system becomes dark due to the dearth of other direct or circumstantial evidence. Its accuracy and reliability is assured since it is the gift of nature. However, nowadays, due to the human mishandling and the reporting of certain miscarriage of justice cases has reduced its credibility and acceptability in the legal landscape. The question of reliability is the cornerstone of the forensic scientific evidence, which can be improved only through studying the shortcomings and improving the system including the stakeholders involved in it. The detailed research studies conducted on the issues relating to the reliability of the forensic scientific evidence shows that the major shortcoming is the lack of research and ignorance of the stakeholders involved in the system. The neglected attitude of the state in funding and rejuvenating the current system also adds more fuel to the fire. It is high time to change the entire system so as to make the forensic scientific community more useful at least in cases of utmost importance like the rape and murder.
NUALS LAW JOURNAL, 2019
The doctrine of judicial notice allows the adjudication of facts without formal evidentiary requi... more The doctrine of judicial notice allows the adjudication of facts
without formal evidentiary requirements. If a fact is judicially
noticed it is presumed to be conclusive, which means the fact
need not to be proved. The courts often take notice of a fact
that is familiar and notorious. However, there are intricacies in
deciding whether a particular fact is open to judicial notice
since there are certain facts which concerning science, the
personal knowledge of judges, public record of a court of law
etc. Similarly, the history of the doctrine of judicial notice
shows that there is confusion regarding the conclusiveness of
the fact once judicially noticed by a superior court of law. This
article explores the doctrine of judicial notice, in particular its
application on scientific facts, and also attempts to resolve
some of the confusion connected with its effect on the trial of
facts. The article also argues that it is not wise to consider the
issues surrounding the application and effect of the doctrine of
judicial notice in a perplexed manner and argues that there is
no need to create a rule of law in considering judicially noticed
facts as absolute proof; and instead reserve it for the
application of judicial discretion whenever necessary,
subjecting it to the review mechanism of the appellate courts.
The Lex-Warrier: Online Law Journal, 2019
The forensic scientific evidence is always warranted in criminal investigation and adjudication p... more The forensic scientific evidence is always warranted in criminal investigation and adjudication process. It has been considered as the evidence provided by God when the legal system becomes dark due to the dearth of other direct or circumstantial evidence. Its accuracy and reliability is assured since it is the gift of nature. However, nowadays, due to the human mishandling and the reporting of certain miscarriage of justice cases has reduced its credibility and acceptability in the legal landscape. The question of reliability is the cornerstone of the forensic scientific evidence, which can be improved only through studying the shortcomings and improving the system including the stakeholders involved in it. The detailed research studies conducted on the issues relating to the reliability of the forensic scientific evidence shows that the major shortcoming is the lack of research and ignorance of the stakeholders involved in the system. The neglected attitude of the state in funding and rejuvenating the current system also adds more fuel to the fire. It is high time to change the entire system so as to make the forensic scientific community more useful at least in cases of utmost importance like the rape and murder.