Table of Contents
Introduction
The term evidence means something that is presented in the court to prove or disprove a disputed fact. The terms 'evidence' and 'proof' are used synonymously. However, proof means the perfection of evidence. Evidence is the means by which disputed facts are proved to be true or untrue in any trial before a court of law or an agency that functions like a court. William Blackstone defines evidence as Evidence signifies that which demonstrates, makes clear or ascertains the truth of the facts in issues either on one side or other and no evidence ought to be admitted to any other point. This definition clarifies not only evidence but also admissibility and relevancy. Anything presented before the court to prove or disprove the claim or counterclaim is evidence. The evidence that directly helps to prove or disprove the disputed fact is relevant.
W.M. Best defined evidence as "any matter of fact, the tendency, or design of which is to produce in the mind a persuasion therein, affirmative or disaffirmative, of the existence of some other matter of fact." This definition also makes clear that anything produced in the court for producing impression on the mind of the decision maker or convincing him/her on the existence or non-existence of disputed fact.
Evidence means any material that tends to persuade the court of the truth or probability of the facts necessary to sustain the case asserted by the party presenting it. Evidence is anything presented before the court of law for determining a disputed fact. It includes anything that is used in the court to establish or disprove a disputed fact, i.e. fact in issue and relevant fact.
KINDS OF EVIDENCE
Anything that is presented by the parties to prove their claim or plea is evidence. Evidence can be classified based on its nature, form, and value. Evidence presented in the form of oral testimony is called oral evidence. The document presented to prove the case is called the documentary evidence. The material thing presented as evidence is called physical or real evidence. The original document presented as evidence or testimony of a witness who perceived a fact with his senses or the original document is primary evidence. The testimony of a witness who has not directly perceived a fact with his senses or the copy of the document is secondary evidence. Thus, evidence can be classified into primary and secondary, documentary and physical evidence. A short description of different kinds of evidence has been made below.
1. Primary Evidence
Primary evidence means the original document itself or the real thing produced for the inspection of the court. The best evidence rule requires that the highest possible degree of proof must be produced. Primary evidence is the best or highest evidence. It affords the greatest certainty of the fact in question. The party to the case must produce primary evidence, except it is out of the power of the party. All evidence falling short of this, in its degree, is termed secondary. The primary evidence may be documentary or physical or real evidence.
A. Documentary Evidence
Documentary evidence includes all those documents that are presented in the court for inspection. Anything written or marked or inscribed on any substance or document which conveys any idea meaningful to others who read is document. Documents include any matter written, expressed, or described upon any substance by means of letters, figures, marks, or by more than one of those means which is intended to be used or which may be used, for the purpose of recording that matter. The term document has a wider area, which includes the following:
- written, expressed or described upon paper or any substance by means of letters, figures, marks
- Printed or lithograph, photocopy or digitized expression
- Photograph
- Sketch
- Letters, signs, or figures inscribed in metal or stone
The original document or thing that is presented or produced in court is primary evidence. It is also called original evidence. Primary evidence is considered as the best evidence, and so long as primary evidence is available, no other evidence shall be admissible. The original copy of a document to prove its contents is an illustration of primary evidence.
Primary evidence is the best evidence that affords the greatest certainty of the fact in question. The original copy of the document, an eye witness, and the real evidence collected from the crime scene are the best evidences. The party to a case has to produce the original copy of a document to prove the case. However, there are certain conditions where the party can prove the case by producing a copy of the document.
B. Physical evidence
Physical evidence means any item that comes from a nonliving origin, like fingerprints, tire marks, footprints, fibers, paint, and building materials. It includes physical objects produced for the inspection of the court. Physical materials, including clothing, metal objects, plastic, paper, soil, glass, wood, general objects including vehicles, containers, ornaments, and any other objects are some examples of physical evidence.
Physical evidence frequently requires some explanation of its significance, sometimes by an expert. Generally, the physical item has to be examined by an expert, and the opinion followed by the testimony of the expert has more probative value than oral evidence. Evidence Act, 2031 uses the term material evidence (Dashi) for physical evidence. Section 22 of the Act provides that "Any material or object related to the case and identified by the witness before the co may be taken as evidence."
2. Secondary Evidence
Secondary evidence is a copy of the original evidence. Secondary evidence is inferior to primary evidence. A copy of a document or oral testimony of its content is an example of secondary evidence. The court shall not allow secondary evidence when primary evidence is available. The court may admit secondary evidence in exceptional cases when it is proved that primary evidence is not available for some sound and valid reason.
A. Hearsay evidence
Hearsay evidence is weak in evidential value. It is one of the principles of evidentiary law that hearsay evidence is no evidence. Hearsay may be an oral documentary. Oral hearsay is evidence deposited by a witness about what he heard from a third party who is not himself called as a witness. A document is hearsay unless the person making the statement is called as a witness. The evidence presented for establishing the contents is original. However, the evidence presented for establishing the existence of the document, not its content, is secondary.
Hearsay is a "statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated. The evidence of such a witness is inadmissible to prove the truth of the fact.
There are several reasons for the inadmissibility of hearsay evidence. This principle is based on the fact that the person who has seen or experienced the occurrence cannot be cross-examined. The person making the statement was not under oath to speak the truth. He or she cannot be punished for perjury.
There are some exceptions to the hearsay rule. The res gestae or excited utterance, the statements made in public documents and statements made by persons since deceased have been the exception to the hearsay rule. Declarations made by a dead person against his pecuniary interest, declarations made by the person in the course of duty, and dying declarations are admissible if such statements fulfill certain conditions.
The provision of Sections 10 and 11 of Evidence Act, 1974 are exceptions to the hearsay rule. Section 10 (1) of the Evidence provides
"If any of the following persons express any fact immediately or immediately before or after, regarding any act, incident or situation such fact may be taken as evidence:
- The person who had done that act or who had directly seen or known the act, incident, or situation,
- The victim of the act, incident or condition/situation.
Section 10 (2) provides, "If any person expresses any fact clearly knowing his/her physical or mental condition till the continuation of such condition, the fact so expressed may be taken as evidence."
The next exception to the hearsay rule is a dying declaration. The statements of the person who is now dead about the cause of his/her death made at a time when he or she was conscious are admissible as evidence. According to Section 11 of the Evidence Act, 2031, the statement of a person about his/her death made at a time when he/she was conscious and was in a dying condition is admissible as evidence. For the admissibility of such a statement, it must have been made at a time when the person was conscious, and the person must have died. Only the matters regarding the cause of his/her death are admissible as evidence.
B. Oral Evidence
Oral evidence is a statement or opinion of the witness about the fact in issue or relevant fact. All statements that the court permits or requires to be made before it by witnesses in relation to matter of fact are called oral evidence. Oral communication includes not only an expression made by words of mouth but an expression made by a witness by writing by signs or gestures. The best evidence rule requires that oral evidence must be direct. It has already been discussed above that hearsay evidence is no evidence. The court has to take oral evidence cautiously, like separating the grain from the chaff. Section 37 of the Evidence Act provides that except in the condition where it is compulsory to produce the document to prove any fact pursuant to this Act, in other conditions, a fact may be proved by oral evidence.
The oral evidence has to be direct, to mean if the evidence has to be produced on the fact which could have been seen, heard or felt with the help of any sense that evidence has to be produced by the person who has directly seen, heard or felt, as oral evidence. The exception to this principle has been discussed above.
Conclusion
In conclusion, evidence plays a fundamental role in legal proceedings by helping courts establish the truth or falsity of disputed facts. It serves as the foundation upon which justice is built, ensuring fairness and reliability in judicial decision-making. Various forms of evidence, including primary, secondary, documentary, physical, and oral evidence, each have distinct significance and admissibility criteria. Primary evidence, such as original documents and real objects, holds the highest evidentiary value, while secondary evidence, including copies and hearsay, is admitted only under exceptional circumstances. The rules governing evidence, including exceptions like hearsay and dying declarations, aim to balance fairness with practicality in legal proceedings. Ultimately, the classification and admissibility of evidence ensure that only credible and relevant materials influence judicial decisions. By adhering to these principles, courts maintain the integrity of legal processes, ensuring justice is served based on verifiable facts rather than mere speculation or unreliable claims.