Define ‘evidence’. Explain the different kinds of evidence recognized under the Indian Evidence Act| section 3 of Evidence Act
Meaning of the term ‘Evidence‘.-The word evidence has been derived from the Latin word ‘evidentia’,which means to make clear or to make evident. The term “evidence” in the Act is only an instrument by means of which relevant facts are brought before the court. The medium adopted for this purpose may be witnesses or documents or things.
The Law of Evidence, which is mainly procedural law, lays down rules as to admissibility of facts, method of proof of facts and person entitled to testify the fact.
Definition of Law of Evidence
Section 3 of the Indian Evidence Act does not give the exact meaning of word Evidence. It only says what the word evidence includes.
According to Section 3, “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 inquiry. such statements are called oral evidence;
(2) All documents including electronic records produced for the inspection of the court;
such documents are called dcoumentary evidence.
Definition Given by various Jurists.
According to C.J. Monir
“The Law of Evidence can be defined as system of rules of ascertaining controverted question of fact in judicial inquiries. It bears the same relation to a judicial investigation as logic to reasoning.”
Sir, James Stephen
“The Law of Evidence is that part of the law of procedure, which with a view to ascertain individual rights and liabilities in individual cases, it decides:
(1) what facts may, and what may not be proved in such cases;
(2) what sort of evidence must be given to a fact which may be proved; and
(3) by whom and in what manner the evidence must be given by which any fact is proved.”
Kinds of Evidence – Evidence can be classified under the following heads
1) Direct evidence or positive evidence.
(2) Circumstantial evidence or indirect evidence.
(3) Real evidence and personal evidence.
(4) Hearsay evidence.
(5) Primary evidence.
(6) Secondary evidence.
(7) Oral evidence.
(8) Documentary evidence.
(9) Conclusive evidence.
