Law of Evidence in Criminal Cases
Course Overview

The law of evidence in criminal cases in Bangladesh is primarily governed by the Evidence Act, 1872. This Act, inherited from the British colonial era, provides the framework for the admissibility and evaluation of evidence in both civil and criminal proceedings. In criminal cases, the application of evidence law is particularly crucial as it directly impacts the fundamental rights of the accused and the pursuit of justice. The Act defines what evidence is relevant and admissible in court. Sections 5 to 55 deal with the relevancy of facts, including direct and circumstantial evidence. In criminal cases, the burden of proof generally lies with the prosecution to prove the guilt of the accused beyond reasonable doubt. However, in certain cases, the burden may shift to the accused. The Act provides for various presumptions, both rebuttable and irrebuttable, which can play a significant role in criminal trials. Sections 24 to 30 deal with confessions, including their admissibility and the circumstances under which they can be used as evidence. The Act allows for the admission of expert testimony in areas requiring specialized knowledge. The law of evidence in Bangladesh has been influenced by Islamic law principles, particularly in matters relating to family law and personal status. However, in criminal cases, the Evidence Act remains the primary source of law. Recent developments in technology have led to discussions about the admissibility of digital evidence in criminal trials. The Information and Communication Technology Act, 2006 provides some guidance on this issue, but challenges remain in adapting traditional evidence law to the digital age. Understanding the intricacies of evidence law is crucial for lawyers, judges, and law enforcement officers involved in criminal proceedings in Bangladesh.