General

EVIDENCE

IQBAL 
NEW DELHI :-The word evidence is derived from the English language evidence from the Latin word avidare which means to clearly represent, to be clearly ascertained and to prove that the word evidence is not defined in the Evidence Act, rather those things are stated. Which is included in the word evidence

 

According to Taylor, evidence excludes all legal means except arguments that prove or not prove the veracity of the facts.

 

According to Black Stone the evidence is ascertained to explain the truth of the disputed facts in favor of the plaintiff or the defendant
Normally, the word Evidence refers to the condition of an object or an object which is proved or ascertained by a fact which is a matter, of the condition of any such object or object which can clarify the facts before the court.
For example, when there is a question whether there was an explosive before the fire, then the explosion of the explosive and its glow will be evidence of this. Those people who saw this spark can hear the sound of this explosion, they can testify by it

 

Such as the record of a fact will also be evidence of an event where the fact of the garment of the goods under a contract is written on a document such as the garment register document will be the evidence of the fact of delivery.

Section 3 of the Evidence Act gives the following definition of evidence
All those statements in respect of which the facts of the facts under which the court permits it to be known by the witnesses before it
Such evidence is oral evidence

All documents submitted for court inspection, including electronic records) are documentary evidence.

Section 3 in The Indian Evidence Act, 1872
3 Interpretation clause. —In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:— “Court”. —“Court” includes all Judges 1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. “Fact”. —“Fact” means and includes—
(1) any thing, state of things, or relation of things, capable of being perceived by the senses;

(2) any mental condition of which any person is conscious. Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact. “Relevant”. —One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. “Facts in issue”. —The expression “facts in issue” means and includes— any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
Explanation.— Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, 3 any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue, is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:— That A caused B’s death; That A intended to cause B’s death; That A had received grave and sudden provocation from B; That A at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature. “Document”. —“Document” 4 means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter. Illustrations A writing 5 is a document; Words printed, lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document. “Evidence” .— “ Evidence” means and includes—
(1) 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;
(2)6 [all documents including electronic records produced for the inspection of the Court], such documents are called documentary evidence. “Proved” .—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. “Disproved”. — A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. “ Not proved”. — A fact is said not to be proved when it is neither proved nor disproved. 7 [“ India ”. —“ India ” means the territory of India excluding the State of Jammu and Kashmir .] 8 [the expressions “Certifying Authority”, 9 [electronic signature], 9 [Electronic Signature Certificate], “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).]

In the State of Maharashtra vs Praful Patel case, video conferencing is considered as documented evidence

R.M .The Malkani State of Maharashtra 1973 Supreme Court, said that when there is a thing going on that is relevant as part of a practice, if such a conversation is recorded at the same time then such tape record will be relevant

In the case of Ziauddin Burhanuddin Bukhari v. Brajmohan Ramdas Mehra and others 1976 SSC was held that the tape of the speeches is the document defined in Section 3 of the Report Act. The Court has imposed the following three conditions for receiving such evidence which Are the following

The person making the statement has been fully identified by the person recording the voice, or by the person of his or her identity.

The record must have been proved by the person determining the correctness of the kiln and the evidence must be satisfactory enough, circumstantial and there should be no tampering of evidence.

Recorded subject matter must be shown to be in accordance with relevant rules found in the Evidence Act

Types of evidence
(A) Oral and documentary evidence
(B) Actual and personal evidence
(C) Primary and Secondary Evidence
(D) direct and circumstantial evidence
(E) Original and disciplined evidence

(A) Oral and documentary evidence

The term defined in section 3 of the Indian Evidence Act contains only two evidences

The statements of the Witnesses, which they present before the court and are expressly expressed, are oral evidence.

All documents that reveal oral evidence before the court are documentary evidence.

(B) Actual and personal evidence

Actual evidence includes evidence that is presented directly to the judgment and belief of the court that is conceivable by the senses and other items other than documents presented before the court under section 60 such as pistols used in murder Or blood stained clothes, stolen goods

Personal Evidence Witnesses include both written and oral testimony

(C) Primary and Secondary Evidence

The primary evidence is the original document which is presented before the court. It is the best evidence. The definition of primary witness is given in section 60.

Secondary evidence can be given in the absence of primary evidence. It is called lower grade evidence. Its definition is given in Section 63 and Section 65, under which conditions one can be given

(D) direct and circumstantial evidence

Evidence of a person who is watching an incident related to a case is called direct evidence.

Evidence that does not directly prove the fact of the facts, but rather the circumstances reveal that the facts are true, they are called circumstantial evidence. There is a formula regarding circumstantial evidence. The witness may lie but not the circumstances where the accused There is a lack of direct evidence in relation to the conviction and its culpability is determined on the basis of circumstantial evidence where the Supreme Court to explain the circumstance in the suit of Sharad Virdhi Chandra v. State of Maharashtra AIR 1984 (1622) 5 Golden principles given

(i) The circumstances must be absolutely certain

(ii) All circumstances are indicative of the crime of the accused

(iii) In order to maintain conviction, it is necessary that whatever the circumstances are, they should be beyond hypothesis.

(iv) All the evidence links should be connected to each other in such a way that there is no doubt.

(v) Circumstances should be fully proved

The case of Dharamdev Yadav v. State of Uttar Pradesh 2014 stated that DNA can not be blamed only on last seen together, DNA plays a major role in identification. It has been used for a long time for the justice system. Useful so it cannot be doubted

(E) Original and hearsay evidence

Basic evidence is evidence in which a witness gives evidence of what he himself has seen or heard.

Hearsay evidence is evidence in which a witness gives evidence based on what he or she has not heard or heard themselves, but through the other person.