HomeTopicsTypes of Evidence under...

Types of Evidence under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, evidence is broadly classified into various types based on its nature, form, and admissibility.

Oral Evidence

Oral evidence refers to the testimony or statements given by witnesses orally in court. It includes statements made by witnesses during their examination-in-chief, cross-examination, and re-examination. Oral evidence is a primary form of evidence and is often crucial in establishing facts and events.

Documentary Evidence

Documentary evidence encompasses written, printed, or recorded material presented in court. It includes various types of documents such as contracts, letters, records, reports, maps, plans, photographs, and electronic documents. Documentary evidence can be primary evidence (original document) or secondary evidence (copies or reproductions) depending on the circumstances.

Real Evidence

Real evidence, also known as physical evidence, consists of tangible objects or material items presented in court for examination. It includes weapons, documents with physical marks, clothing, tools, or any other object directly related to the facts in issue. Real evidence is used to support or prove facts by demonstrating their physical existence or characteristics.

Expert Opinion

Expert opinion refers to the testimony or opinion provided by an expert witness who possesses specialized knowledge, skill, or experience in a particular field. Expert witnesses are called upon to give their professional opinions on technical or complex matters that are beyond the understanding of the average person. Their opinions are considered valuable evidence in areas such as forensic science, medicine, engineering, or any field requiring specialized expertise.

Expert Opinion

Circumstantial evidence consists of facts and circumstances from which inferences can be drawn to establish the existence or non-existence of certain facts. Unlike direct evidence, which directly proves a fact, circumstantial evidence relies on logical deductions and inference based on the circumstances surrounding a case.

Hearsay Evidence

Hearsay evidence refers to statements made by a person who is not present in court and is being offered for the truth of the matter asserted. Generally, hearsay evidence is considered unreliable and is not admissible. However, the Indian Evidence Act provides certain exceptions to the hearsay rule, allowing hearsay evidence in specific circumstances.

Presumptive Evidence

Presumptive evidence includes evidence that creates a presumption or inference of certain facts or legal consequences. The Indian Evidence Act contains various provisions that establish certain presumptions, such as the presumption of legitimacy of a child born during a valid marriage or the presumption of sanity.

- A word from our sponsors -

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Meaning, Nature and Scope of Evidence

Meaning of Evidence Evidence refers to any material or information presented in...

Fundamental Rules of Law of Evidence

The fundamental rules of the Law of Evidence provide the framework...

Admissions under Indian Evidence Act, 1872

Definition of Admissions Admissions are statements, whether oral or written, made by...

Confessions under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, confessions are an important aspect...

- A word from our sponsors -

Read Now

Meaning, Nature and Scope of Evidence

Meaning of Evidence Evidence refers to any material or information presented in a legal proceeding to establish or challenge relevant facts. It includes facts, statements, documents, objects, or testimonies that help the court in determining the truth and reaching a just decision. Nature of Evidence Relevance: Evidence must have a...

Fundamental Rules of Law of Evidence

The fundamental rules of the Law of Evidence provide the framework for the admissibility, relevancy, and weight of evidence in legal proceedings. These rules help ensure fairness, reliability, and the proper administration of justice. Fundamental Rules Relevance: Evidence must be relevant to the case at hand. It...

Admissions under Indian Evidence Act, 1872

Definition of Admissions Admissions are statements, whether oral or written, made by a party to the proceedings or their authorized representative. These statements suggest an inference about any fact in issue or relevant fact and are considered against the interest of the party making them. Types of Admissions Express Admissions:...

Confessions under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, confessions are an important aspect of evidence in criminal cases. Definition of Confession A confession is a statement made by an accused person that suggests their guilt in relation to the offence they are charged with. Admissibility of Confessions Confessions made by an accused...

Dying Declaration under Indian Evidence Act, 1872

The concept of a dying declaration is an important aspect of evidence in criminal cases. It refers to the statement made by a person who is on the verge of death, explaining the circumstances surrounding their impending death or the cause of their injuries. Definition A dying declaration...

Evidentiary Value of Admission and Confession

Both admissions and confessions carry significant evidentiary value in legal proceedings. Admissions Admissions are statements made by a party to a legal proceeding or their authorized representative, which are against their interest. Evidentiary Value of Admissions Substantive Evidence: Admissions are considered substantive evidence, meaning they can be used to...

Statements made by Persons who cannot be called as Witnesses

Under the Indian Evidence Act, 1872, there are provisions that allow for the admission of statements made by persons who cannot be called as witnesses. These statements are considered hearsay evidence and are admissible under certain circumstances. Section 32: Statements by Persons who are Dead or Cannot be...

Which Confession is Admissible and Not Admissible under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, the admissibility of confessions depends on the circumstances under which they are made. Admissible Confessions Confessions made before a Magistrate (Section 164) Confessions made voluntarily before a Magistrate are generally admissible in court. The Magistrate must ensure that the confession is made without any...

Statements made under Special Circumstances under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, there are certain special circumstances under which statements made by individuals are considered admissible as evidence. These statements are exceptions to the general rule against hearsay evidence. Statements relating to the existence of relationship (Section 32(5)) Statements made by a person who...

Presumptions Regarding Offences under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, there are certain presumptions that arise regarding offences. These presumptions help in determining the burden of proof and shifting the evidentiary burden on the accused. Presumption of innocence (Section 101) Every person accused of an offence is presumed to be innocent until proven...

Expert Opinion under Indian Evidence Act, 1872

The concept of expert opinion plays a significant role in legal proceedings, including under the Indian Evidence Act, 1872. Expert opinion refers to the testimony or opinion provided by an individual who possesses specialized knowledge, skills, or expertise in a particular field relevant to the case. Definition of...

Oral and Documentary Evidence under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, evidence can be categorized into two main types: Oral Evidence and Documentary Evidence. Oral Evidence Oral evidence refers to the statements made by witnesses during the course of a judicial proceeding. It includes the testimony provided by individuals through their spoken words. Section...