Published on: August 08,2021
By Akanksha Sharma
Introduction
The word ‘Evidence’ has been derived from the Latin word ‘evidere’ which means to verify or show clearly as a proof about something. Evidence simply means the state of being evident which is only applied to the things that give proof about something.
As defined by Sir Blackstone, ‘Evidence’ means what illustrates, clarifies or learn the reality of current realities or focuses on issue either on one side or the other.
Law of Evidence according to Sir Taylor implies as a way through which the truth of an argument is proved or disapproved by the judicial investigators is shown.
Different forms of evidence are presented in Indian court daily and that area is governed by the Indian Evidence Act, 1882.
Explanation Of Law as Per Indian Law and English Law
According to Indian Law ‘Evidence’ means an instrument which is brought before the Court and with the help of which the Court becomes convinced of the appropriate and suitable facts.
As per English Law Evidence means the words that are spoken and are witnessed by the courts. Also, the matter that is under enquiry is relevant to the certain facts for which evidence is required. Hence Evidence in its broadest sense incorporates all that is utilized to decide or exhibit the reality of a statement.
In India different forms of evidence is daily presented in the court and the area of evidence law is governed by the Indian Evidence Act, 1882.
What is the difference between Evidence, Testimony and Proof?
Evidence as we know is an information that leads a person to believe that something is real or true and evidence is tentative. Whereas Proof can be as long as it leads to a certain conclusion and it is also called as evidence as it involves reasoning.
Proof is also final for example- if on a camera you are caught stealing something that could be used as a proof against you for theft. As in Rishi Kesh Singh and Ors. Vs The State[1] The onus of the proof was lying upon the accused person and the accused has to prove his case by a prevalence of probability.
It can be held here that when the burden of proof is laid upon the accused, he or she can discharge it by showing preponderance of probabilities.
Testimony is usually used as a proof or evidence before the Court of Law as it is something that is said by someone and is true. For example- a woman saw someone stealing and she tells police the same which now becomes testimony.
As in case Madhu @ Madhuranatha & Anr Vs State of Karnataka[2] Here a witness was defined as a person who was able to provide oral or documentary dispositions in the court. Hence he was independent unless he acted under any fraud.
Different Types of Evidence
- Oral Evidence
Oral Evidence is that evidence which the observer has observed or heard. Section 60 of the Indian Evidence Act, 1872 deals with the arrangement of recording oral evidence. Every one of these explanations that the court allows should be made by an observer with respect to the reality of realities are called Oral Evidence.
Oral Evidence should be immediate, consistent and positive. An evidence is known to be a positive one when it directly goes to set up the primary truth in issue.
- Documentary Evidence
In Section 3 of the Indian Evidence Act it is stated that each and every record that is introduced in the court for examination are called the narrative evidence.
It is the narrative evidence that would show the general disposition of gatherings with respect to the custom which is higher than any oral evidence. For example- the applicant’s website, in the articles and advertisements on other websites, media coverage in online newspapers etc.
- Primary Evidence
It is the Section 62 of The Indian Evidence Act that says that primary evidence is the top-most class of evidence. It is a proof that any possible condition gives an important clue that builds up through the narrative evidence.
As in Lucas Vs Williams Privy Council[3] It was held that Essential Evidence will be evidence which the law needs to be given first and optional evidence is the evidence which might be given when an appropriate clarification has been given. For example- diaries, archives and manuscript material, speeches, journals, government publications, oral history etc.
- Secondary Evidence
It is that evidence which possesses an auxiliary position as per explained by Section 63. As its that evidence which on introduction is felt that better evidence yet stays than be created.
For example- academic books, journal articles, photocopy of a document or photograph, reviews, textbooks etc.
- Real Evidence
Real Evidence implicit material evidence. This evidence is brought to the notice of court by an assessment of a physical article and not by the observer’s data record.
Individual evidence is what is managed by human operators i.e., either by exposure or sign. For example- Material Object (murder weapon in a murder case), photographs (position and state of deceased body).
- Hearsay Evidence
This evidence is powerless and is just the observer’s announced evidence. And at some time, it suggests the saying of an individual. As in case Lim Yam Hong Vs Lam Choon and Company.[4] The Bombay High Court declared that prattle evidence doesn’t get allowable against a gathering only on the grounds that his committee neglects to take protest when the evidence is offered.
Hence, we affirm that hearsay evidence is evidence which the observer has neither heard nor seen and has come to know about through some third individual. For Example- explaining on behalf of witness.
- Judicial Evidence
This is evidence which is obtained by an official courtroom on proof or disproof of realities. Articulations of witnesses and realities for the Court’s assessment is an additional Judicial evidence. For example- public and court records, tides, time of sunset and sunrise, known historic events etc.
- Non-Judicial Evidence
Any admission which is made by blaming external the court within the sight of any individual or gathering is called as non-judicial evidence. For Example- confession made by the accused outside the Court of Law and in the presence of any person.
- Direct Evidence
Direct evidence is that evidence which is significant for the choice of the issue in issue. The primary certainty is when it is introduced by witnesses, things and witnesses are immediate. The announcement before the police is called incidental evidence of complicity.
For example, security camera, audio recording of accused, eyewitness testimony, ballistics test etc.
- Indirect Evidence
It is that type of evidence which demonstrates current realities by giving different realities and bears an example concerning its reality. For example- physical evidence, forensic evidence and scientific evidence and fingerprint evidence.
Evidence as recognized by the Courts
- Demonstrative Evidence
This type of evidence is particularly given using diagrams, animations, maps etc. This is known to be the first of its type as given by a witness like a testimony.
- Real Evidence
This type of evidence includes anything that was used in the case now being presented before the court. It can include a gun, a knife, bloodied cloth and many other items.
- Testimonial Evidence
This type of evidence is known to be the simplest type of evidence as to make it legitimate it does not require any other piece of evidence.
- Documentary Evidence
This type of evidence is most often considered to be a real one as it helps to document the issue which is being held in a trial.
What constitutes admissible evidence under the Indian Evidence Act, 1872?
Evidence under the Indian Evidence Act 1872 means and includes: All the statements which the court permits which were made by the witness relating to the matters of fact is known as Oral Evidence.
- All the documents including electronic record as an evidence for the courts is known as Documentary Evidence.
The meaning of Evidence as given in this Act is very narrow. This is because of the reason that before the court the evidence comes in two forms only the first is the statement of witnesses and the second is documents that include electronic records.
What factors lead to admissible evidence in court?
The factors that determine the inadmissibility in the Court proceedings are:
- Unfairly Prejudicial
The word prejudicial means tending to be based on past history rather than evidence about the case in hand. The evidence that is harmful, injurious, unfair or biased towards the case which does not provide with any proper fact in the Court proceedings are excluded from the proceeding. For example- a child’s photograph around the victim’s body.
- Wastes Time
Sometimes during trials, the advocates provide evidence or witness which can lead to the wasting of time of the Court. Hence such witnesses are excluded from the proceeding.
For example- its a waste of time for the Court if the advocate just to prove accused honest, produces twenty separate people.
- Misleading
That evidence which draws away the judge’s attention from the main issue is considered as misleading evidence which results in its exclusion from the Court proceeding.
For example- minor’s gender in a case of rape is irrelevant because here the main fact is to prove whether the rape was conducted or not.
- Character
That evidence that proves the character of the defendant’s party has certain traits which are hence excluded from the proceedings until and unless the defendant introduces about the character through evidence in first hearing itself.
- Expert Testimony
Expert testimony is only applicable when it is originally given by an expert and not by a layman as a layman cannot provide an Expert Testimony. Hence a layman’s testimony is not applicable in the Court of Law.
- Privileges
The Court doesn’t allow any privilege information and other self- incriminating information obtained by any client as such information is confidential and is inadmissible in the Court of Law.
Judgements
- Keshavlal Lallubhai Patel and Others and Others Vs Lalbhai Trikumal Mills Ltd[5]
No price of document held Oral evidence to provide the same
In this case it was held that if the document had not mentioned any price, then the Oral Evidence would have been allowed of that price under Section 92. It is only based upon a fact if the document is silent but not when the document has an ambiguous nature.
- Kedamath Cine Enterprises (P). Ltd. Vs John Philipose[6]
Oral Evidence of Explanatory Nature was Admissible
In this case it has been held that oral evidence was applicable in the court of law as the executed document has been admitted and no fact has been proved against it.
Section 94 deals with the Exclusion of evidence of existing facts against the application of a document which has been clearly proved in the above case.
- Canadian General Electric Co. Ltd., Vs Fada Radio Ltd.[7]
Oral Evidence Applicable for Explaining Artistic Words
As Section 98 deals with the meaning of illegible character and its Evidence and in this case according to Section 98 it was held that the Oral Evidence is applicable in the court of law for the purpose of explaining artistic symbols and words that are used in a document.
This section also permits the evidence to be given of the marks of illegible character which are not commonly of intelligent character, foreign words, local and provincial expressions.
- Mangala Waman Karandikar (D) TR LRS Vs Prakash Damodar Ranade[8]
When the Provisions of the Contract are Evident there’s no need for Extrinsic Evidence
This judgement it was held that when the provisions of the contract are simple and evident then Section 92 and 95 of the Indian Contract Act will not be applied and while doing so will only vitiate legal interpretation.
- Jigya Yadav (Minor) (through Guardian/ Father Hari Singh) Vs CBSE (Central Board of Secondary Education)[9]
High Court disallows Name Change in CBSE Class X certificates
The High Court dismissed the petition as it is held that her parents signed other documents and forms as Hari Yadav and Mamta Yadav instead of Hari Singh and Mamta.
Hence they didn’t lodged a complaint with the authorities a per CBSE rules for the period of 10 years.
Conclusion
The Indian Evidence Act, 1872 is very vast and its implication is wide. Application of this Act is mostly dependent upon the statutory provisions, nature of the case and underlying principles of natural justice.
Hence, the very main objective of the Evidence Act is to find out the truth which is based upon the facts that are brought to the Court. The two parties are responsible for bringing the facts to the courts.
Hence, Evidence doesn’t put restrictions on the parties but it acts as a guiding factor for the courts to come upon any decision.
References
- Rishi Kesh Singh And Ors. Vs The State on 18 October, 1968 AIR 1970 All 51, 1970 CriLj 132 ↑
- Madhu @ Madhuranatha & Anr Vs State of Karnataka on 28 November, 2013 Criminal Appeal Nos. 1357- 1358 of 2011 ↑
- Lucas Vs Williams Privy Council on 12 December, 1958148 A.2d 764 ↑
- Lim Yam Hoong Vs Lam Choon And Company on 18 June, 1927 (1928) 30 BOMLR 757) ↑
- Keshavlal Lallubhai Patel And Othersand Others Vs Lalbhai Trikumal Mills Ltd on 21 March, 1958 1958 AIR 512 ↑
- Kedamath Cine Enterprises (P). Ltd. Vs John Philipose on 20 December, 1989 AIR 1990 Ker 198 ↑
- Canadian General Electric Co. Ltd., Vs Fada Radio Ltd. on 15 October, 1928 Privy Council Appeal No. 74 of 1928 (from Canada) ↑
- Mangala Waman Karandikar (D) TR LRS Vs Prakash Damodar Ranade on 7 May, 2021 Civil Appeal No. 10827 of 2010 ↑
- Jigya Yadav (Minor) (through Guardian/ Father Hari Singh) Vs CBSE (Central Board of Secondary Education) on 03 June, 2021 2021 Latest Case law 254 SC ↑