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LUCKNOW
Type Of Evidence
SUBMITTED TO SUBMITTED BY
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INDIAN EVIDENCE ACT, 1872
ACKNOWLEDGEMENT
I would like to express profound gratitude to Prof. (Dr.) Gulab Rai for
his invaluable support, encouragement, supervision and useful suggestions
throughout this research work. His moral support and continuous guidance
enabled me to complete my work successfully. His intellectual thrust and
blessings motivated me to work rigorously on this study. In fact this study
could not have seen the light of the day if his contribution had not been
available. It would be no exaggeration to say that it is his unflinching faith
and unquestioning support that has provided the sustenance necessary to
see it through to its present shape.
I express my deep sincere gratitude towards my parents for their blessing,
patience, and moral support in the successful completion of this assignment
I express my gratitude to my all teachers and friends who has supported
and encouraged me during my study at DSMNRU.
VIMAL SINGH
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TABLE OF CONTENTS
ACKNOWLEDGEMENT............................................................................................................... 1
WHAT IS EVIDENCE? ...................................................................................................... 3
CATEGORICALLY DIVISION OF EVIDENCE:........................................................................... 2
A. ORAL EVIDENCE ........................................................................................................ 5
B. DOCUMENTARY EVIDENCE- ..................................................................................... 7
C. REAL EVIDENCE ...................................................................................................... 11
D. HEARSAY EVIDENCE- ............................................................................................... 11
E. DIRECT EVIDENCE-................................................................................................. 12
CIRCUMSTANTIAL EVIDENCE OR INDIRECT EVIDENCE- ............................................... 12
DIGITAL EVIDENCE............................................................................................................. 14
CONCLUSION ........................................................................................................................... 15
BIBLIGRAPHY.16
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WHAT IS EVIDENCE?
The word Evidence is derived from the Latin word evidere which means to
make clear to view or sight, to discover clearly, to make plainly certain, to
certain, to ascertain, to prove.
Evidence indicates that which exhibits, makes clear or discover the truth of
the facts or points in issue either on one side or the other.1 Law of Evidence
means through argument to prove or disprove any matter of fact.2
Governing Law:- Indian Evidence Act, 1872.
Provision regarding Definition: Section 3 of Indian Evidence Act, 1872.
Section 3 provides that Evidence means and includes
(1) All the statements which the court permits or requires to be made
before it by witnesses, in relation to matters of fact under enquiry;
such statements are called Oral evidence;
(2) All the documents including electronic records produced for the
inspection of the court; such documents are called documentary
evidence;
Furthermore the term evidence means anything by which the alleged matter
or fact is either established or disproved.3
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The author supports the view that A thing that makes the thing in question
evident to the court is evidence.
It is pertinent to mention here that although the evidence Act divides
evidence on into two kinds only but it is also important to emphasize that
this does not mean that there cannot be any other kind of evidence.
E.g. when the judge inspects the scene of occurrence and draws a chart of it
that is also evidence though it is neither an oral statement of a witness nor a
document produced by the parties. But in a way it is a document.
A. ORAL EVIDENCE
Related Provision: Section 59 Indian Evidence Act, 1872.
Note: Which provide that All facts, except the [contents of documents or
electronic records] contents of documents, may be proved by oral evidence.
The meaning of expression Oral evidence is given along with the definition
of the term evidence in Sec 3. This first part of the provision which defines
evidence deal with oral evidence it says: - All the statements which the court
permits or requires to be made before it by witness in relation to the matter
of four under inquiry, such statements are called oral evidence.
3
Indian Evidence Act, Ratanlal & Dhirajlal, Lexis Nexis Butterworths Wadhwa, 21st Edition, Nagpur
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case and what case the circumstance deducible from the can be no doubt
this can be the true method of arising a correct conclusion.
Oral evidence is a much less satisfactory medium of proof than
documentary proof. But justice can never be administered in the most
important cases without resorting to it. In all civilized systems of
jurisprudence there is a presumption against perjury.
Related Case:-
DOCUMENTARY EVIDENCE-:
DOCUMENTARY EVIDENCE IS DEFINED UNDER SECTION 3 OF THE INDIAN EVIDENCE
ACT AS: ALL DOCUMENTS PRODUCED FOR THE INSPECTION OF THE COURT SUCH
DOCUMENTS ARE CALLED DOCUMENTARY EVIDENCE.
The Reason behind producing Documentary Evidence:
The purpose of producing documents is to rely upon the truth of the
statement enclosed therein. This involves, When the document produced in
the court, the examination of three questions:
(i) Is the document genuine,
(ii) What are its contents, and
(iii) Are the statements in the document true?
In a case like this it is the documentary evidence that would show the actual
attitude of the parties and their consciousness regarding the custom is more
important than any oral evidence.
All evidence comes to the tribunal either as the statement of a witness or as
the statement of a document, i.e., oral or documentary evidence.
It has been pronounced that the word document used under evidence Act
should not be interpreted restrictively. The word means something which
shows or teaches and is evidential or informative in its character.
Position in India:
In India the rule is the same as in England. The section means that there no
other method allowed by law for providing the contents of a document
except by the primary or the secondary evidence.Where admissions were
made in a written statement by the plaintiffs predecessors-in-interest which
was filed in several judicial proceedings regarding the rights in the suit
property, a certified copy of the written statement was held to be admissible
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State (NCT of Delhi) v. Navjot Sandhu, SAR Gilani & Ors. (AIR 2005 SC
3820)
Above all, the printouts pertaining to the call details exhibited by the
prosecution are of such regularity and continuity that it would be legitimate
to draw a presumption that the system was functional and the output was
produced by the computer in regular use, whether this fact was specifically
deposed to by the witness or not.
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The plaintiffs in the instant case seek to prove the electronic data already on
record and the updated electronic data under Sub-section 1 of Section 65B
after complying with the provisions of Sub-section 4 by filing affidavit of an
officer accompanied by the requisite certificate.
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B. REAL EVIDENCE-:
Real Evidence means real or material evidence. It refers to any matter which
the court perceives itself e.g. that a man standing before a judge has got a
scar on his face, objects like murder weapon, blood-stained clothes,
photographs, etc. Personal evidence is that which is afforded by human
agency.
C. HEARSAY EVIDENCE-
It is also called derivative or second-hand evidence. It is the testimony of a
witness as to statements made out of court which are offered as evidence of
their own truth. Thus, As evidence that A heard that a murder had taken
place is hearsay evidence.
The word hearsay is used in various senses. Sometimes it means whatever
a person is heard to say; sometimes it means whatever a person declares on
information given by someone else.
Hearsay Evidence which ought to have been rejected as irrelevant does not
become admissible as against a party merely because his council fails to
take objection when the evidence is tendered. So finally we can assert that
Hearsay Evidence is that evidence which the witness has neither personally
seen nor heard, nor has he perceived through his senses and has come to
know about it through some third person. There is no bar to receive hearsay
evidence provided it has reasonable nexus and credibility.4 When a piece of
evidence is such that there is no prima facie assurance of its credibility, it
4
Hasmukhlal V. Shah vs Bank Of India And Ors, (1997) 3 GLR 1891
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would be most dangerous to act upon it. Hearsay evidence being evidence of
that type has therefore, to be excluded whether or not the case in which its
use comes in for question is governed by the Evidence Act.5
D. DIRECT EVIDENCE-:
5
K.P. Abdul Kareem Hajee And Anr. vs Director, Enforcement, (1977) 2 MLJ 47
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the guilt of the accused and such evidence should not only be consistent with
the guilt of the accused but should be inconsistent with his innocence.
DIGITAL EVIDENCE:-
Computers are used for committing crime, and, thanks to the burgeoning
science of digital evidence forensics, law enforcement now uses computers to
fight crime.
In an effort to fight e-crime and to collect relevant digital evidence for all
crimes, law enforcement agencies are incorporating the collection and
analysis of digital evidence, also known as computer forensics, into their
infrastructure. Law enforcement agencies are challenged by the need to
train officers to collect digital evidence and keep up with rapidly evolving
technologies such as computer operating systems.
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Conclusion
Thus we can finally conclude that in order to provide justice Evidence and
witnesses are very necessary and they hold a very important place in the
Law. With the help of Evidence the judge reaches a verdict. The evidence
heard by the court is the most important factor in determining whether the
judgment will be in favour of Prosecution side or Defense side because
without evidences it is very difficult to give verdict by the court.
With evidences it becomes easy to give verdict by the court because it makes
case easier so types of evidence are very important part of law.
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BIBLIOGRAPHY
Books
1. Prakash Abhinav, Arora Vibha & oth., Law of Evidence, 3rd edn, (LexisNexis)
Websites
1. www.google.com
2. www.Shodhganga.com
3. www.indiankanoon.com
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