Evidence and Ita Kinds

Q. What do you mean by evidence?
Explain the different kinds of evidence recognise under

Indian law.
Ans . The general meaning of the term “evidence” is “the available body of facts or information
indicating whether a belief or proposition is true or valid”. But, as per the interpretation
of Section 3 of the Indian Evidence Act, 1872, evidence means and includes:
 All statements which the court permits or requires to be made before it by witnesses, in
relation to matters of fact under inquiry; such statements are called oral evidence;
 All documents[i][including electronics record] produced for the inspection of the court;
Such documents are called ‘documentary evidence.’
It means this section deals with the term “Evidence” which is derived from the latin expression
“Evidens Evidera” which signifies the state of being evident, that is, plain, apparent or notorious.
According to Benthem, the evidence is defined as any matter of fact, the effect, tendency or
design of which is to produced in the mind, a persuasion affirmative or disaffirmative, of the
existence of some other matter of fact.[viii]
According to Taylor, evidence means and includes all facts except arguments, which tend to
prove or disprove any matter, which under inquiry in judicial proceedings.
TYPES OF EVIDENCES
There are different types of evidences under the Indian Evidence Act, 1872. These are mentioned
below-
1) Oral Evidence
2) Documentary Evidence
3)Primary Evidence
4) Secondary Evidence
5) Real Evidence
6) Hearsay Evidence
7) Judicial Evidence
8) Non- Judicial Evidence
9) Direct Evidence
10) Indirect Evidence or Circumstantial Evidence
These are elaborated below-

1) Oral Evidence– Section 60 of the Indian Evidence Act explains Oral Evidence. Oral
Evidences are those evidences which are personally seen or heard by the witness giving them
and not heard or told by some one else. All the statements which are permitted by the court or the
court expects the witness to make such statements in his presence regarding the truth of the facts,
are called as Oral Evidences.
Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in
issue.
2) Documentary Evidences – are defined under section 3 of the Act. All those documents
which are presented in the court for inspection regarding a case, such documents are known as
documentary evidences.
3) Primary Evidence – Section 62 of the Indian Evidence Act defines Primary Evidence.
Primary evidences are the most superior class of evidences. These are those evidences which are
expected by the law and admissible and permissible at the first place. These are those evidences
which in any possible condition gives the vital hint in a disputed fact and establishes through
documentary evidence on the production of an original document by the court.
4) Secondary Evidences – are defined under section 63 of the Act. These are those evidences
which are entertained by the court in the absence of the Primary evidences. Therefore it is known
as secondary evidences.
5) Real Evidences – Real evidences are those evidences which are real or material evidences.
Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a
physical object rather than by deriving an information by a witness or a document.
6) Hearsay Evidences – Hearsay evidences are the ones which the witness has neither
personally seen nor heard, nor has he percieved through his senses, but are those which have
come to his knowledge through some other person. These are the most weak category of
evidences.
7) Judicial Evidence – Judicial evidences are those which are given before the magistrate in the
court. For example- a confession made by the accused before the magistrate in the court is an
Judicial Evidence.
8) Non- Judicial Evidence – Any confession made by the accused outside the court and not in
front of the magistrate but in the presence of some other person are termed as Non- Judicial
evidences.
9) Direct Evidence – Direct evidences are those evidences which establishes a fact. The best
example of a direct evidence would be statement or confessions made by the witnesses.
10) Indirect or Circumstantial Evidence – Circumstantial or indirect evidence are the ones
which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences
are not definite proof. they only provide a general idea as to what occured at the crime scene.

Evidence and Ita Kinds

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Q. What do you mean by evidence?

Explain the different kinds of evidence recognise under

Such documents are called ‘documentary evidence.’

These are elaborated below-

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