BSA - Kinds of Evidence.docx

**TYPES OR KINDS OF EVIDENCE** **ADV. USHA ANDEWAR** The term 'Evidence' originates from the Latin 'Evidens' and 'Evidere,' signifying clarity and noteworthiness in proof. Various types of evidence hold paramount significance in legal proceedings as it substantiates claims and allegations in court...

**TYPES OR KINDS OF EVIDENCE** **ADV. USHA ANDEWAR** The term 'Evidence' originates from the Latin 'Evidens' and 'Evidere,' signifying clarity and noteworthiness in proof. Various types of evidence hold paramount significance in legal proceedings as it substantiates claims and allegations in court. Without evidence, assertions lack substance. **Importance of evidence** - Supports the argument that backs your case. Evidence acts as the ammunition for a legal argument. - Refutes the statement of the opposing side. - Allows the defendant to move beyond mere statements. - One of the primary reasons why evidence is crucial in court is its role in ensuring fairness and justice.  - Evidence is like the backbone of a court case. It provides the support and strength needed to prove or disprove a legal claim. Without it, the case may crumble like a house of cards. Section 2 (1) (e) of the Bharatiya Sakshya Adhiniyam, 2023, defines the types of evidence in the Adhiniyam and legal proceedings, encompassing two primary categories :- 1. Oral evidence, which includes statements made by witnesses relevant to the matter under inquiry and presented with court authorization. 2. Documentary evidence, comprising documents, whether physical or electronic, submitted to the court for examination. [Types of Evidence in Adhiniyam] -------------------------------------------- ### I. **Oral Evidence** - It refers to a witness who says he saw it; i. ii. iii. iv. v. ### 2. **Documentary Evidence** ### **[Primary evidence ]** Various types of primary evidence - - - - - - - ### ### **[Secondary evidence]** Examples of secondary evidence - - - - - i. A person against whom it is to be proved. ii. iii. - - - - - **Documentary evidences are divided into two categories, namely :-** 1. Public Documents -- Section 74 (1) 2. Private Documents -- Section 74 (2) Public documents are 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 are ; - Birth Certificates - FIR - Marriage Certificate - Electricity Bill - Business Records - Water Bill, etc. As the name suggests, 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. Authenticity is one of the main reasons, as the court believes that the risk of tampering with the public documents is far less than with private documents. The law allows the documents to be presented in court, but there are various rules that determine their admissibility. Section 61, 62 and 63 explains what is electronic or digital record, its special provision as to evidence and admissibility of electronic records. ### **[In legal proceedings, oral and documentary evidence falls into two main categories - Direct and Indirect]** **I. Real Evidence (also known as Physical / Material Evidence)**   **II. Direct Evidence :** This type of evidence offers clear and conclusive proof of a fact without the need for interpretation. 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.  **III. Indirect Evidence :** Indirect evidence establishes facts by presenting related but not directly conclusive facts. It relies on inference and deduction to support a conclusion. **IV. Circumstantial evidence :** Circumstantial evidence doesn't directly prove the primary issue; instead, it relies on deduction or inference. It refers to that statement that helps in establishing the circumstances that are related to a particular piece of evidence.  **Essential components of the circumstantial evidence** 1. 2. 3. Anant Chintaman Lagu vs The State Of Bombay on 14 December, 1959 Equivalent citations: 1960 AIR 500, 1960 SCR (2) 460 Anant Chintaman Lagu vs The State Of Bombay on 14 December, 1959 Equivalent citations: 1960 AIR 500, 1960 SCR (2) 460 **Anant Chintaman Lagu Vs. The State of Bombay (14 December 1959)** ===================================================================