Professional Documents
Culture Documents
By K.D. Patil,
Jt.Director,MJA,Uttan,Thane.
Direct Circumstantial
Section 60 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.
RELEVANCY OF FACTS
A fact is relevant to another when the one is
connected with other
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
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
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