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EVIDENCE KINDS OF

By K.D. Patil,
Jt.Director,MJA,Uttan,Thane.

It is necessary to know kinds of evidence and how they are to be


appreciated. Section 3 of the Evidence Act reveals when a fact is Proved,
Disproved and Not Proved. Facts judicially noticeable need not be proved
(Section 56). Facts which are admitted need not be proved (Section 58). After
adverting to such judicially noticeable facts and admitted facts, a reference is
required to be made to as to how disputed facts are to be proved on the basis of
produced evidence. Kinds of evidence are as under :
EVIDENCE (In respect of fact in issue and relevant fact)
(Section 3)

Oral Evidence Documentary Evidence


Section 59 & 60 Section 61 to 90 A

Direct Circumstantial
Section 60 Substantive Corroborative

Substantive Corroborative Substantive Corroborative

The word evidence is used in the Evidence Act in different phrases, i.e.
best evidence, direct evidence, circumstantial evidence, documentary evidence,
substantive evidence, corroborative evidence, derivative evidence, hearsay
evidence, indirect evidence, oral evidence, original evidence, presumptive
evidence, real evidence, primary evidence and secondary evidence. However,
oral evidence and documentary evidence are the main two kinds of evidence and
they comprise direct evidence (which includes substantive and corroborative
evidence and documentary evidence (which includes substantive and
corroborative evidence).
(a) Substantive evidence is the evidence on the basis of which a fact is
proved and which requires no corroboration. Substantive evidence is either
direct or circumstantial or both.
(b) Corroborative evidence is the evidence used to corroborate substantive
evidence. If there is no substantive evidence, corroborative evidence loses its
significance. In other words in absence of substantive evidence, corroborative
evidence is no evidence. [Section 7, 27, 156, 157 of the Evidence Act, FIR, injury
certificate, panchnamas, etc.] Corroborative evidence is either direct or
circumstantial or both.
(c) Hearsay evidence, which is indirect and derivative, is not received as
relevant evidence. It is inadmissible. However, hearsay evidence falling under
second part of Sec. 60 of the Evidence Act is not always inadmissible. In Balram
Prasad Agrawal v. State of Bihar & others (AIR 1997 SC 1830), the Apex Court
referred to the observations of the Privy Council, in the following words:
Evidence of a statement made to a witness who is not himself called
as a witness may or may not be hearsay. It is hearsay and
inadmissible when the object of the evidence is to establish the truth
of what is contained in the statement. It is not hearsay and is
admissible when it is proposed to establish by the evidence, not the
truth of the statement but the fact that it was made. The fact that it
was made quite apart from its truth, is frequently relevant in
considering the mental state and conduct thereafter, of the witness
or some other person in whose presence these statements are made.

This can be best explained with reference to evidence of a victim i.e. a


married woman in a case u/s. 498-A of I.P.C. When she is subjected to cruelty by
her husband and/or in laws in her marital house, members in her parental house
residing there do not actually witness the cruel treatment, but they come to know
about the cruelty from the married woman later on. The evidence of members in
her parental house in respect of the truthfullness of the cruelty is hearsay and
hence, is inadmissible, but the evidence of the members in her parental house is
admissible it being substantive but relevant in view of second part of Sec. 60
read with Sec. 8 of the Evidence Act to establish the subsequent conduct of the
married woman to inform members in her parental house about the cruelty. Thus,
the evidence of the members in the parental house of the married woman is direct
in view of Sec. 60 so far as subsequent conduct of the married woman to narrate
the cruelty is concerned and such hearsay evidence is direct and relevant and
corroborates the evidence of maker of the statement i.e. the married woman,
whose evidence in respect of cruelty is direct and substantive.
However, there are four exceptions to the rule of in-admissibility of hearsay
evidence relating to truthfullness of such statement and they are (a) Res Gestae
(Section 6); (b) admission (Section 17 to 23); (c) confession; & (d) statements of
witnesses who cannot be called as witnesses (Section 32).
(e) The direct evidence, circumstantial evidence, corroborative evidence and
hearsay evidence can very well be explained by an illustration.
A is charged of commission of murder of B by stabbing him.
C,D,E,F,G, H, ' I', 'J' & 'K' are witnesses called by the prosecution.
i. C says that he saw A stab B. His evidence is purely direct and
substantive (Section 60 first part) he being an eye witness.
ii. D says that he heard B cry out that A was stabbing him. His
evidence is direct, but circumstantial and substantive in respect
of relevant fact and not hearsay (Section 6 & 60 second part) even
though he actually did not witness the incident of stabbing.
iii. E says that he saw A running away with a blood stained knife and
blood stained clothes. His evidence is direct as he saw A while
running away,vide section 60(first part), but circumstantial (Section
7 & 8 ) in respect of relevant fact, it being effect of stabbing u/s. 7,
and subsequent conduct of the accused u/s. 8 to run away.(See
illustration (c) u/s. 9)
iv. 'F 'says that he saw A washing his blood-stained clothes. Evidence
of F accordingly given is direct, but circumstantial (Section 7,8 &
60 first part) in respect of relevant fact, it being effect u/s 7 &
subsequent conduct u/s 8.(See illustration (e))
v. G is a medical officer, who says that the knife found in As
possession might have caused wounds found on B. His evidence
being opinion is circumstantial, but direct and corroborative
(Section 60 fourth part) in respect of relevant fact.
vi. H' says that he heard from C, that C saw A stabbing B. His
evidence is hearsay & not admissible so far as proof of
truthfulness of what C said to him is concerned, but evidence of
H will be admissible to prove conduct of C (Section 8) saying
to H & if C said to H at or about the time when the incident
occurred, evidence of H will be used to corroborate say of C
(Section 157) [Ramratan Vs. State of Rajasthan (AIR 1962 SC
424) & Balram Prasad Agrawal v. State of Bihar & others (AIR
1997 SC 1830)].
vii. 'I' says that he saw A procuring the knife before the incident
occurred, is relevant it being, prepare on by and conduct of, B
previous to the incident u/s 8, (See illustration (c)) B's state of
mind u/s 14, direct evidence u/s 60( first part).
viii. 'J' says that he heard A saying to him or second person shortly
before the incident expressing his ill-will against B. J's evidence is
relevant, but circumstantial and direct u/s 14 (See illustration (e))
r/w section 60(second part).
ix. 'K 'says that he as a panch witness along with a second panch
witness & investigation officer visited scene of offence & found blood
stains and/or marks of struggle at & near the place. His evidence is
corroborated by the spot panchnama. K's evidence in respect of as
to what he actually saw at the place is direct u/s 60 (first part), but
circumstantial and corroborative ,it being effect of the incident,
being relevant u/s 7.
EVIDENCE ACT

Relevancy of facts Proof Production and effect of evidence

General Examination Rejection of


Judg- Opinion Character Facts Oral Documentary Burden of Estoppel Witness
Admission Statement of witness evidence
ments of third When which evidence evidence proof
When person relevant need not
relevant be proved

General Public Presumptio


documents n as to
documents

RELEVANCY OF FACTS
A fact is relevant to another when the one is
connected with other

General Admission Statement Judgment when Opinion of third Character when


An admission is a statement, which relevant person relevant
suggests any inference as to any fact
in issue or relevant fact.
Sec. 17

Eviden Facts Facts Any fact is Things Facts Stateme Admissi Oral No The court may Statem Statement How Previou Any final When Opinion of When In In civil
ce may though relevant said or nts ons are admissi confessi consider the s judgment, an any person the criminal cases
which showin ent by made under much acquainted
be not in which done by made relevant ons as on proved judgme order or opinion opinion cases, the
issue are shows conspira g by party and to made to confession a special of nts, decree of a is to be with the
of any previous charact
given occasi existe person circumstanc statem handwriting
but motive, tor in to the may be contents a police affecting order or competent formed living good er of
in any on, nce of who es ent to
of the person
connect preparation referenc proceed proved of officer person making decree Court in by the by whom the person charact any
suit or ed with and e to ing or as docume to be it and others are probate or court, is er is person
cause state cannot be document
procee a fact in previous or commo his against nts or proved jointly under relevant insolvency the was signed relevant relevant affecting
dings or of be proved
issue to subsequent n design agent the electroni against trial for same to bar a jurisdiction opinion is relevant. , the . the
of effect mind, called
form conduct are are person c accused offence. second related to of an S. 47 ground S. 53 amount
every part of of S. 8 relevant or of admissi who records . S. 30 as suit or legal expert is on of
fact in same facts . body on. makes are not S. 25 witnes trial. character relevant which damage
issue transacti in S. 10 or S. 18 them. relevant s S. 40 of a person . opinion s is
S. 5 on are issue bodily S. 21 . is relevant. S. 45 is based relevant
relevant Ss 22 S. 41 is also .
are feeling
S. 6 & 22A relevant S. 55
releva are .
nt. releva S. 51
S. 7 nt.
S. 14

Statement Evidence Entries in Statement of facts When any


of relevant given by books of in issue or statement of
fact by dead witness in a accounts relevant facts which evidence is
or missing judicial regularly made in published given forms part
person is proceeding kept in maps or charts of a conversation,
relevant in is relevant. course of under the document,
same S. 33 business, authority of the electronic record,
cases. are Government are book or series of
S. 32 relevant. relevant facts. letters or paper is
S. 34 S. 36 to be proved.
S. 39
PROOF

Facts which need not be proved Oral evidence Documentary evidence

Fact Facts which All facts except Oral General Public documents Presumption as to
judicially are admitted the contents of evidence documents
documents or
noticeable need not be electronic records, must, in all
Documents forming the acts of
need not be proved. may be proved by cases be sovereign authority, official
proved. S. 58 oral evidence. direct. bodies and tribunal etc., are
S. 56 S. 59 S. 60 public documents.
S. 74

The contents Primary Secondary Information Proof of The Public Certified The court shall The court shall The court shall Any thirty Any five years
of documents evidence evidence contained in signature or admission of officer shall copies may presume to be presume to be presume the years old old electronic
may be proved an electronic a party to an give to a genuine every genuine every genuineness document, record,
either by means the means, record is handwriting attested rightful be document document of collection of produced produced
primary or documents certified admissible. of person document of person produced in purporting to admissible in law and before the before the
secondary itself copies, S, 65B must be its execution certified proof of the be a certificate England or reports of Court from Court from any
evidence. produced counterparts proved to be by himself copies of contents of or certified Ireland, decisions, proper custody proper
S. 61 for the of in his shall be public the public copies which is without proof produced shall be custody, shall
sufficient documents, admissible as of the seal or under presumed as be considered
inspection documents, handwriting. proof of its on documents. evidence. stamp. authority. genuine. as genuine.
of the court. oral S. 67 execution. demand. S. 77 S. 79 S. 82 S. 84 S. 90 S. 90A
S. 62 accounts of S. 70 S. 76
the contents
etc.
S. 63

PRODUCTION AND EFFECT OF EVIDENCE

Burden of proof Estoppel Witness Examination of witnesses Improper admission


and rejection of
When a person is Once person caused Any person is competent to evidence
bound to prove the another person to testify if he is not of tender age
existence of any fact, believe a thing to be or lunatic etc.
the burden of proof true, he cannot deny S. 118 Improper admission or
lies on that person. that thing in any rejection of evidence is
S. 101 proceeding. not a ground of itself
S. 115 for a fresh new trial.
S. 167

Burden Burden of Burden of Birth within When a Dumb No Judge Accom- No Examinatio Examinatio Any A witness The Court The Court The Court The credit A witness The
of proof proving a proving 280 days woman witness or plice particular n of a n of question may be to decide shall may of a summone Judge
fact which that a after commits Magistrat number of witness by witness, which the cross- when forbid any permit the witness d to may ask
as to is within person is dissolution suicide within e be witnesses the adverse subsequent person is examined question question person may be produce a any
particular the alive who of valid seven years compelled shall be party is to the cross putting to as to shall be which who calls impeache document question
fact lies knowledge has not marriage, if of her A witness to answer required for called examinatio get answer previous asked appears the d by the shall in any
An
on the of any been mother marriage, its who is any
accomplic
the proof of cross n by the is a leading statements and when to insult witness to adverse bring it to form, at
person person is heard of remained abetment by unable to question any fact. examinatio party is his question. made by witness or annoy. put any party or the Court. any time.
e shall be
who
upon him. for seven unmarried her husband speak may as to his
a S. 134 n. re- S. 141 him in compelle S. 152 question with the S. 162 S. 165
S. 106 years is on is or his give his own S. 137 examinatio writing. d to to him. consent
wishes competent
the person conclusive relatives is evidence in conduct.
witness
n. S. 145 answer. S. 154 of the
the court who proof of presumed. other S. 121 S. 137 S. 148 Court.
against an
to affirms he legitimacy. S. 113A manner. accused S. 155
believe is alive. S. 112 S. 119 person.
in its S. 108 S. 133
existenc
e
S. 103

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