Meaning and types of evidence.

What is Evidence?

Evidence refers to the information, materials, or facts presented in a court of law during a trial or hearing. Evidence is crucial in determining the truth of the matter in dispute and plays a central role in the process of reaching a just and fair decision. Evidence always intends to prove or disapprove facts in a trial. See section 3 of The Evidence Act.

Types of Evidence:

a. Oral Evidence: Statements made by parties or witnesses in court during the trial.

b. Documentary Evidence: Documents presented in court for inspection.

c. Direct Evidence: Evidence of a fact that is directly related to the issue in question and perceived by a witness using their senses.

d. Circumstantial Evidence: Evidence of a fact that is not directly related to the issue in question but legally relevant to the matter at hand.

e. Real Evidence: Material objects provided for inspection in court.

f. Extrinsic Evidence: Oral evidence presented in connection with written evidence.

g. Hearsay Evidence: Evidence of a fact not directly perceived by a witness but based on something said by another person.

h. Indirect Evidence: Comprises circumstantial or hearsay evidence.

i. Original Evidence: Evidence that has its own force and value.

j. Derivative Evidence: Evidence that derives its force from other sources.

k. Parole Evidence: Oral or extrinsic evidence.

l. Prima facie evidence: Evidence of a fact that the court may accept as true unless disproved by other evidence.

m. Primary Evidence: The best evidence available, such as the original document itself.

n. Secondary Evidence: Evidence that exists when primary evidence is not available i.e copies of original documents.