TYPES OF EVIDENCES
There
are different types of evidences under the Indian Evidence Act, 1872. These are
mentioned below-
1)
Oral Evidence
2)
Documentary Evidence
3)
Primary Evidence
4)
Secondary Evidence
5)
Real Evidence
6)
Hearsay Evidence
7)
Judicial Evidence
8)
Non- Judicial Evidence
9)
Direct Evidence
10)
Indirect Evidence or Circumstantial Evidence
These
are elaborated below-Quashing of FIR guidelines
1)
Oral Evidence– Section 60 of the Indian
Evidence Act explains Oral Evidence. Oral Evidences are those evidences which
are personally seen or heard by the witness giving them and not heard or told
by some one else. All the statements which are permitted by the court or the
court expects the witness to make such statements in his presence regarding the
truth of the facts, are called as Oral Evidences.
Oral
evidences must always be direct. An Evidence is direct when it establishes the
main fact in issue.
2)
Documentary Evidences – are defined
under section 3 of the Act. All those documents which are presented in the
court for inspection regarding a case, such documents are known as documentary
evidences.
3)
Primary Evidence– Section 62 of the Indian Evidence Act defines Primary
Evidence. Primary evidences are the most superior class of evidences. These are
those evidences which are expected by the law and admissible and permissible at
the first place. These are those evidences which in any possible condition
gives the vital hint in a disputed fact and establishes through documentary evidence
on the production of an original document by the court.
4)
Secondary Evidences – are defined under section 63 of the Act. These are those
evidences which are entertained by the court in the absence of the Primary
evidences. Therefore it is known as secondary evidences.
5)
Real Evidences – Real evidences are those evidences which are real or material
evidences. Real evidence or proof of a
fact is brought to the knowledge of the court by an inspection of a physical
object rather than by deriving an information by a witness or a document.
6)
Hearsay Evidences – Hearsay evidences
are the ones which the witness has neither personally seen nor heard, nor has
he perceived through his senses, but are those which have come to his knowledge
through some other person. These are the most weak category of evidences.
7)
Judicial Evidence – Judicial evidences are those which are given before the
magistrate in the court. For example- a
confession made by the accused before the magistrate in the court is an Judicial
Evidence.
8)
Non- Judicial Evidence – Any confession
made by the accused outside the court and not in front of the magistrate but in
the presence of some other person are termed as Non- Judicial evidences.
9)
Direct Evidence – Direct evidences are
those evidences which establishes a fact. The best example of a direct evidence
would be statement or confessions made by the witnesses.
10)
Indirect or Circumstantial Evidence –
Circumstantial or indirect evidence are the ones which attempts to prove
the facts in dispute by providing other facts. Circumstantial evidences are not
definite proof. They only provide a general idea as to what occurred at the crime
scene.
Disclaimer: All the contents are for general use and information. Consult your lawyer before acting.
Disclaimer: All the contents are for general use and information. Consult your lawyer before acting.
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All the contents are for educational purpose only. Consult your lawyer for more information.