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EVIDENCE AND KINDS OF EVIDENCE

Updated: Nov 10, 2020

BY

Sandeep Harish B, III year B.A.,LL.B.


Introduction

Indian Evidence Act was passed in 1872. In this act there are totally 167 sections, 3 parts and 9 chapters. This act was enacted on March 15, 1872 and the act came into force on 1st September 1872. Indian Evidence Act is procedural law (or) adjective law. The act clearly tells about the procedure for evidence how to submit to the court. It applies for both civil and criminal cases.


Section 3: Evidence

1. All statements which the court requires or permits to be made before it by witnesses, in relation to matters of fact under injury; such statements are called oral evidence.

2. All documents produced for the inspection of the court such the document is called documentary evidence. Thus, evidence covers the evidence of witnesses and documentary evidence, including electronic evidence.


Kinds of evidence

1. Primary evidence

2. Secondary evidence

3. Personal evidence and real evidence

4. Hearsay evidence

5. Direct evidence

6. Oral evidence

7. Documentary evidence

8. Circumstantial evidence

9. Medical evidence


Primary evidence

Section: 62 Primary evidence means the document itself produced for the inspection of court.

· Primary evidence is the most important and superior class of the evidence.

· These are those evidences which are expected by the law and permissible and admissible in the first place.

· Documentary evidence on the production of an original document by the court.


Secondary evidence

Section: 63 These are those evidences which are entertained by the court at the time of absence of the primary evidence. Therefore, it is known as secondary evidence

Example:

· Photocopy document

· Xerox copy

· Certified copy

· Copies made from or compared with the original

· Tape record, etc.


Direct evidence

Direct evidence is those evidences which established a fact.

Example:

· Saw

· Heard

· Perceived


Real evidence

Real evidence is those evidences which are material or real evidence. Proof or real evidence of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving information by a witness or a document

Example:

· A knife

· Blood samples

· Fingerprint

· Local inspection

· A person’s appearance and behaviors


Circumstantial evidence

Where there is no sufficient direct evidence to prove any fact in issue, then the court can make an assumption on the availability of existing evidence and construct a link between the existing evidence and the interference. And if the construct link is complete beyond any reasonable doubt then the court can establish any fact.

Rules regarding circumstantial evidence

1. The circumstances from which the conclusion is drawn should be fully established

2. The circumstances should be conclusive in nature

3. All the facts so established should be consistent only with the hypothesis of guilt and inconsistent with the accused’s innocence

4. The circumstances should be a moral certainty excluding the possibility of guilt of any person other than the accused.


Oral evidence

Spoken evidence given by a witness in court, usually on oath.

Indian evidence act section 59 and 60 tells about the oral evidence.

· Section 59 – fact must be proof by oral evidence

1. All the facts except the contents of documents (or) electronic records may be proved by oral evidence

2. All statements which the court permits or requires to be made before it by witnesses in relation to the matters of fact under the inquiry such statements are called oral evidence

3. As amended by the information technology act, 2000 the documents include electronic records also. Hence, ever after the fact, except the contents of an electronic record or of any document can be proved by oral evidence

· Section 60 – oral evidence must be direct


Documentary evidence

Section 3: document all the documents which are present in court for inspection regarding a case such documents are known as documentary evidence.

Example:

· Letter or figures or marks

· Printed, lithographed or photographed

· Plan or map

· Metal plate or stone


Hearsay evidence

Hearsay evidences are the ones which the witness has neither personally seen nor heard, not to be perceived through his sense, but are those which have come to his knowledge through some other person. These are the weakest categories of evidence. It is not considered as proper evidence and the court cannot accept the evidence.


Medical evidence

In a rape and murder case, the post-mortem report was that there was a commission of sexual assault on the girl before her death. It is not open to the accused to criticize the recitals of the report without giving an opportunity to the doctor to explain.

Proof of facts in the issue

1. Direct evidence

2. Circumstantial evidence (or) evidence of related facts.


Conclusion

Every case evidence is the superior part because evidence is justified by the case, so the evidence is proper and correct. So the court prosecutes most of the cases where proper evidence is accepted by the court. Example: Primary evidence is very good evidence that is accepted by the court.