What is evidence, Definition and different kind of evidences under Indian Evidence Act
Know Indian Law In Hindi Evidence Method An Introduction – The Method of Evidence has a very important place in the adjudication of justice, because the main basis of the decision in any case is the evidence, therefore the modern judicial system is an evidence based system. Giving the definition of evidence method, Prof. Salmond said that any fact which has the force of proof is Evidence. The general rule of Evidence is that “When the parties do not agree then the truth should be ascertained from the evidence and whether the matter is civil or criminal, their decision depends on the evidence only. In Section 60 of the Indian Evidence Act, the best proof, direct evidence has been considered. Definition and meaning of Evidence - The word 'Evidence' is derived from the Latin word Evidere which means - to clearly ascertain or ensure or prove. In simple words, the meaning of evidence is to clearly prove, show or determine a fact by legal means by the court. Definition of evidence as per section 3 of the Indian Evidence Act, 1872 - The word "evidence" means and includes - (a) all those statements; Statements which the court permits or requires to be made by witnesses before it in relation to the matters of fact under investigation are called oral evidence. (b) all documents (including electronic records) produced for the inspection of the Court, such documents being called documentary evidence. In the Indian Evidence Act, no literal definition of evidence has been given and only two types of evidence have been told, oral and documentary evidence. Read Also - Description of the Scope and Nature of CriminologyAccording to Taylor - All those legal means except argument, by which any thing or fact is proved or disproved, are called evidence and whose truth is presented for judicial investigation. According to Salmond - any fact or statement which has the power to give proof is called evidence, that is, the facts having proof force are called evidence. It is worth mentioning here that the probative force can be of any quantity or extent, such as – criminal state of mind, motive, weapon, dying declaration, statement of eyewitness to homicide etc. are presented as evidence.Types of evidence which are described in detail -(i) Oral Evidence -Oral evidence is such evidence which is given by a person by his own mouth while being present in the court. It includes all the statements which the court permits to be made by the witnesses in the case pending before it. Such evidence is expected to be direct and such evidence can also be of a relative. This evidence is so dynamic that it gives shape to the ecological and documentary evidence. (ii) Documentary Evidence - When a document is presented in the court as evidence to prove or disprove a fact, in which letters, marks or pictures are described, then it is called documentary evidence. goes. In documentary evidence, evidence is produced before the court through or in the form of a document, it occupies an important place in the law of evidence. For example - production of school record or birth certificate issued by any government body before the court to prove the date of birth of a person is called documentary evidence. (iii) Primary Evidence -This is such an evidence which is considered to be the best in the eyes of the court and such evidence is also relied upon the most. Primary evidence refers to documentary evidence. Primary evidence means “the production of the document itself for the inspection of the court”. When the original document related to a case is presented before the court, it is called primary evidence. Example - 'A' executes a sale deed in favor of 'B' for Rs.5,000 but 'A' refuses to give possession of the plot and no sale deed is drawn up. B sues in the Court for possession and produces a sale deed in his favour, the original sale deed being primary evidence.(iv) Secondary Evidence -When primary evidence is not available in a case, then secondary evidence is resorted to, it is also called secondary evidence. This evidence is less reliable, the reason for this may be that, this evidence is a copy or copy of the original document. It is difficult and impossible to present an original document for inspection in the court after it is destroyed, or lost, or it is at a distant place, or it is deposited under loan in any bank, body, in this situation The court recognizes the copy or copy of that document as secondary evidence. This evidence is of a lower level than primary evidence. Secondary evidence includes the following - (a) certified copies of the original documents (b) copies made by mechanical process of the original document (c) Copies made by matching the original document (d) transcripts of documents (e) oral evidence of the contents of an original document given by a person who has seen the document himself.Read This Post - Definition and different kind of evidences Read the full article