What is the definition of evidence in Indian evidence act 1872? What are the types of evidence?

Evidence in Indian evidence act 1872:-  

Evidence is defined in section 3 of the Indian evidence act -

"Evidence means and includes-

(1) All statements which the courts permits or requires to be made before it by witnesses in relation to matters of facts under enquiry; such statements are called oral evidence.

(2) All documents including electronic records produced for inspection of the court, such documents are called documentary evidence."

    So this a definition of evidence given in the evidence act. According to this definition all statements is given by witness and all document produced in court are evidence but there is a condition on these they must be permitted by court because if court permits every statement and document it would be only a wastage of time of court and people.

Types of Evidence:-

There are the followings types of evidence

• Oral Evidence  
• Documentary Evidence
• Circumstantial Evidence
• Direct Evidence
• Hearsay Evidence
• Primary Evidence
• Secondary Evidence
• Electronic Evidence
• Forensic Evidence
• Judicial Evidence

Oral Evidence:- As it is written in the definition of evidence oral evidences are statement given by the witnesses in the court. These statement given through their words orally. But sometimes it could be given in signs. For example if a deaf and dumb person wanted to say something he could be only says his words in signs. 

         Oral evidences sometime does not work For example in a contract cases. If A contracts B that he would supply 3 tones of grain every month to B and B will pay 2000 rs for the grain every month. In the case of broken the contract by any one of them Other should show the contract documents in the court. He can not say orally only. He must have to show all the documents.  

Documentary Evidence:- According to the Indian Evidence act 1872 Document is defined in section 3.

"Document"-"document" means any matter expressed or described upon any substance by letter, 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 the matter.

Illustration

(a) A writing is a document ;

(b) Words printed, lithographed or photographed are documents ;

(c) A map or plan is a document ;

(d) An inscription on a metal plate or store is a document ;

(e) A caricature is a document.

 

 This is the definition of document. So all the contents written through words, photographs, map, caricature all are documentary evidence. These evidence are produced for the inspection of the court. As we said earlier in cases like contract, agreement etc. there should be a written document to prove the fact. In these type of cases no oral evidence could be produced in court.

Circumstantial Evidence:- Circumstantial evidences are those evidence which are based on the circumstances at that time happens. They are not direct evidence. They are to proved by dierct evidences. But in circumstantial evidences there are some rules like they should be directly conclude a fact. They should not be work on "may" or "may not be". They should be directly point out the guilt of accused.

 There is a case study on this

Chandru @ Chandrasekaran Vs state  In this case In 2004 A college student found dead because of overdose of drug. At the time of death the two appellant were also staying in the same hotel room. Both the session court and the madras high court convicted both appellants on the charges of murder and conspiracy. After that they appeal in supreme court. Court says " The circumstances proved can not lead to the interference that it is the accused alone who committed the offence. In fact, the prosecution has even failed to prove beyond reasonable doubt that the death is homicidal in view of the inconsistencies in the medical evidence dealt by us above. Even otherwise, it is not proved that it was the accused who injected the deceased and the possibility of the accused injecting himself or some other person doing can not be rule out." On this they were directed to be released immediately unless required in any other case.

Direct Evidence:-Direct evidences are those evidences which are directly related to fact. They have the willing to prove a fact directly. There are some  examples

(1) If A thefts in B's house and  C says that he seen A to theft in B's house. It is a direct evidence.

(2) If L says that he seen M to murder N. This is also a direct evidence.

   In both examples there is no need to prove if someone says that he saw someone doing that, it means it is clearly proved the fact. 

Hearsay Evidence:- As the hearsay word denotes, "words", whatever a person is hear from third person. Witness only knows the facts from the third party. He does not know anything himself. This is not a direct evidence. This is a weak evidence because all credit goes to third party. 

Example:- If A says to B that he saw C to killed B's wife. In this case B can not be directly witness. because he heard all the matter from A.

Primary Evidence:- Primary evidence are to be defined in section 62 of Indian Evidence act 1872. Primary evidence are original documents which are to be shown in the court to be proved a fact. They should not be in a copy form. They should be in original form. If they are in copy form it could not be considered as a primary evidence.

Secondary Evidence:- This is defined in section 63 of Indian Evidence act 1872. They are the copy of original document. For example a photograph of original document, copies made from original document. This evidences can be used in some cases like when the original document is destroyed or lost or original document is in possession of that person who is out of reach, when the original document is not easly movable etc.

Electronic Evidence:- Earlier there is no electronic evidence is covered in indian evidence act1872. After the amendment of evidence act in 2000 elecrtonic records are also included in the definition. These all are defined in section 65-A and 65-B of Indian Evidence act 1872. All electronic and digital data comes under this. Section 65-B (1) states"Notwithstanding anything contained in this act, any information contained in an electronic record which is printed on a paper, stored , recorded or copied in optical or magnetic media produced by a computer( hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible."
 So all types of electronic records printed on a paper or recorded and copied in a magnetic disk are the electronic evidence.

Forensic Evidence:- For the investigation of DNA, blood groups and fingerprints forensic science is used. These all evidence helps to prove or disprove the facts. When some kind of crime is happened some forensic team is comes and collect the sample from that place which helps to solve the case and proves the fact. When they collects the data they used forensic science to find out the fact.

Judicial Evidence:- Judicial evidence are those evidence which are to be recieved before the magistrate in the court for eg confession by the accused, statement of witnesses etc. If the evidences produced outside the court it would be called non judicial evidence.