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ashwindhatrwalEvidence - and its types
MEANING -
The term Evidence derived from the Latin terms ‘Evident’ or’ evidere’
means to show clearly, to discover, to ascertain or to prove. Evidence is a
means of proof. Indian evidence Act provides the fact on which evidence
can be produced before the court. It also provides admissibility and
inadmissibility of evidence. Once the evidence is proved, then comes the
question of the evidentiary value of the evidence produced before the
Court. If the evidential value of the evidence against the accused is strong
enough to prove the guilt of an accused beyond a reasonable doubt then
only the court can convict the person. There are different types of Evidence
that can be proved before the Court. Let’s understand the types of
Evidence as follows:
1. Oral evidence –
There are various kinds of evidence, and oral evidence is one of them. As the name
suggests oral evidence, constitutes any statement that the courts give permission to
be presented by the witnesses. Oral evidence gets the authority to be presented in
court through Section 55 of the BSA. Anything said in court would be considered oral
evidence.
Section 55 of the BSA depicts what is considered oral evidence:
1. Evidence that the eyewitness saw the act of crime.
2. A statement or a fact that can be heard.
3. Opinions that are made, or the grounds on which the opinions are
based.
4. Any matter that can be perceived through the senses
Indirect or hearsay evidence, which involves a person reporting facts they
did not directly witness, is generally inadmissible in court.
2. Documentary evidence –
Documentary evidence largely can be understood as a piece of evidence that is
written/ documented. The law deems documentary evidence to be having a superior
evidentiary position as opposed to the oral evidence. All documents including digital
documents would be considered documentary evidence. Types of digital evidence
and types of physical evidence would be considered under documentary evidence.
Broadly speaking, the documentary evidences are divided into two categories,
namely-
1. Public Documents- (Section 74{1}
2. Private Documents (Section 74{ 2)
Public documents would those matter that is present in some public register, record
or book. The relevant copies of documents can be presented in court. Some
examples of public documents entail- Birth Certificates ,FIR ,Marriage Certificate
,Electricity Bill
private documents are those documents that are exchanged between the parties
such as letters, emails, postcards, etc. The court prefers public documents more as
compared to private documents.
[Link] Evidence
In the realm of the Indian Evidence Act, there’s a growing prominence of
digital evidence, which refers to digital files collected from electronic
[Link] the BSA , the admissibility of electronic records is specified
in Section 2 and Section 63. Section 62 outlines the procedure for proving
the contents of electronic records. According to Section 63, printed
information from electronic records on paper or copies made on optical or
magnetic media are deemed secondary evidence if they meet certain
conditions.
4. Circumstantial Evidence or Indirect Evidence
Circumstantial evidence is an Evidence that relies on an inference to
connect it to a conclusion of fact. such as a fingerprint at the scene of a
crime.
Peter Murphy defines Circumstantial Evidence as “Evidence from which the
desired conclusion may be drawn. Evidence requires the court not only to
accept the evidence presented but also to draw an inference from it.
Supreme Court has given the guidelines for admissibility of the
Circumstantial Evidence in the matter of
prem thakur v/s punjab 1983
7. Direct evidence –
It is referred to as a fact that does not draw its inference from any other statement.
And can be established on its own. Direct evidence works immediately supporting
the truth without needing any further clarification or assistance.
Some examples of direct evidence include – Eyewitness, testimony ,Documents
,Videos ,Physical evidence
Conclusion
Evidence is a crucial element in establishing the truth and substantiating
claims in both civil and criminal cases. Its importance cannot be overstated,
as it is the foundation upon which the outcome of a case relies. Various
forms of evidence exist, each subject to specific criteria for relevance and
admissibility. In essence, the resolution of a case hinges on the presence of
evidence to support or refute the presented facts.
