Introduction to Evidence Law in India

From the Latin word “evidence” comes the English term “evidence.” It means to prove or verify something. Evidence is a term that refers only to items that provide Proof. The Indian Evidence Act of 1882 governs the area of law that deals with evidence in India.

Definition of Evidence

In Indian law, “evidence” is information presented to a court to convince it of relevant facts. The subject of the investigation may also be related to specific facts that require evidence. Evidence, in its broadest sense, is everything used to prove or determine the truth of a claim.

Indian Evidence Act of 1872

The Imperial Legislative Council of India approved the Indian Evidence Act in 1872, during the British rule of India. This Act contains a set of guidelines that govern the admissibility and other matters of evidence before Indian courts.

The Indian Evidence Act was a groundbreaking legal measure in India. It completely changed the way Indian courts viewed the admissibility and acceptance of evidence. The rules of evidence in India were based upon the old legal systems and groups of India. They varied depending on castes, communities, religions, and social statuses. The Indian Evidence Act now applies to all Indians.

What is the Indian Evidence Act of 1872?

According to Indian Evidence Act of1872, “evidence” is defined as “all the statements that the court allows which were made to the court by the witnesses relating the facts”; “all the documents including electronic records as evidence for the courts” and “all the statements that the court permits made to the court by the witnesses relating the facts.”

This Act has a minimal definition of what constitutes evidence. The only evidence that can be presented in Court are witness statements and documents, including electronic records.

What are the different types of evidence?

Below is a list of the different types of evidence.

Oral Evidence

Oral evidence is evidence that an observer has observed or heard. Section 60 of the Indian Evidence Act of 1872 covers the setting up of oral testimony. Oral evidence is all the justifications the Court will accept from the observers about the reality of things. Oral evidence that is positive, immediate, and consistent is preferred.

Documentary Evidence

According to Section 3 Indian Evidence Act, every document submitted to a court for review can be referred to as narrative evidence. Story evidence is more reliable in demonstrating the attitude of the meetings to the tradition than oral testimony. On the applicant’s website, in press releases published in online papers, or in articles and advertisements on other websites.

Real Evidence

Absolute Proof is physical Proof. This evidence is provided to the Court by evaluating a tangible item rather than the observer’s data. Humans control individual evidence, whether by sign or by exposure. Physical evidence includes the murder weapon used in a case of murder and photos of the location and state of the corpse.

Hearsay Evidence

This is not evidence but the declaration of the witness. The Bombay High Court had ruled that slanderous Proof cannot be used to harm a group because the committee did not object to the evidence when it was presented. It added that we affirm that hearsay is information an observer does not know but learns about from a third party.

Primary Evidence

The highest level of evidence is primary evidence. According to Sections 62 and 63 of The Indian Evidence Act 1872, every possible circumstance provides a critical hint that is accumulated through narrative evidence.

Secondary Evidence

Section 63 states that it is proof with an auxiliary purpose. It was felt that the evidence was superior to any other previously available proof. You can use, for example, scholarly journals, books, documents, pictures, or copies.

Direct Evidence

Direct evidence is the type of Proof that counts for a decision. Witnesses must be there immediately When they claim to have seen items or witnesses. A declaration made before the police is called incidental evidence of conspiracy. Examples include a security camera, audio recordings of an accused, witnesses, ballistics tests, etc.

Direct Evidence

These types of evidence provide context and examples for current realities. Examples include physical, forensics, scientific, and fingerprint evidence.

Judicial Evidence

Evidence that a judge has gathered in a courtroom is used to prove or disprove reality. Witness statements and real life are also included in the judicial evidence for consideration by the judge. Consider, for example, the time of sunrise and sunset, historical events, court and public documents.

Non-Judicial Evidence

Non-judicial evidence includes any admission made outside the courtroom in front of other people or groups. Consider an example of an admission made in public by a defendant outside the courtroom.

What evidence is accepted by the courts?

These are the types of evidence that courts accept.

Real Evidence

This category includes anything used in the current case being heard by the Court. This could consist of a knife or a gun. It could also contain bloody clothing.

Testimonial Evidence

This type of Proof is considered the easiest to use because it does not require any further proof.

Demonstrative evidence

Infographics, animations, and maps are all used to present this type of evidence. This is the first time a witness has provided testimony of this kind.

Documentary Evidence

This type of evidence is often regarded as valid because it helps to document the subject being considered in a court.

The conclusion of the article is

The Indian Evidence Act of 1872 has a wide range of broad implications. How this Act is implemented depends on the statutory provisions, circumstances of the case, and fundamental ideas of natural law. Therefore, the primary purpose of the Evidence Act is to discover the truth based on the evidence presented to the Court.

Both parties must present the facts to the Court. Evidence does not constrain the parties but guides the courts in making decisions. It is best to consult an attorney to understand the evidence laws in a particular jurisdiction. If you live in Kolkata, you must consult an attorney in Kolkata for relevant advice on evidence.