Meaning and definition of evidence
The word "evidence" is derived from latin word
evider which means to show clearly; to make clear to the
sight, to make plainly certain, to ascertain, to prove.
Evidence is the means which proves or disproves the
facts in issue. Evidence is that reasons for believing that
something is or not true.
Evidence may be obtained from documents, objects,
witness etc.
General principles of the law of evidence
Best evidence must be presented in all cases.
Hearsay evidence is not evidence.
The one who sets the law in motion must establish his/her
case.
In criminal proceeding guilt must be proved beyond
reasonable doubt. Benefit of doubt goes to accused.
In civil case proceeding, the case may be adjudicated on
balance of probability. The party wins the case that is able
to adduce more evidence.
Kinds of evidence
1) Primary evidence
Primary evidence refers to the original document or the
real things produced for the inspection of any case.
Primary evidence is the best evidence which creates
certainty of the fact in question.
Types of primary evidence
i) Documentary evidence
ii) Physical evidence
i) Documentary evidence
• Anything written or marked or inscribed or any substance or
document which conveys any idea meaningful to other who
reads it, is regarded as document.
• Documentary evidence has greater relevance in civil
proceeding whereas oral evidence plays dominant role in
criminal proceeding.
ii) Physical evidence
• Anything or substance or material used in the commission
of any crime or marks blood, soil condition, found in the
area of scene of crime and identified by the witness in the
court are real evidence.
• For eg. Blood stained clothes, weapons etc. Real evidence is
important if connection between them and the accused
could be established.
2) Secondary evidence
Secondary evidence means the copy of original evidence.
Secondary evidence is inferior to primary evidence.
The court may admit secondary evidence in exceptional
case when it is proved that primary evidence is not
available for some sound and valid reason
Types of secondary evidence
i) Hearsay evidence
ii) Oral evidence
i) Hearsay evidence
• It is indirect evidence which is heard from somebody else and
deposited in court.
• It is inferior type of evidence which is generally disregarded
at any court proceedings.
• Dying declaration and statement on the spot are considered as
the exception of hearsay evidence as it has great evidential
value in the proceeding of case.
ii) Oral evidence
• It is the statement made by witness before a court to prove or
disprove any fact. The person giving the oral evidence must
have perceived the fact by his/her own senses.
• In order to ensure credibility of his/her statement, bodily
gesture and mode of speaking are observed and cross
examination may be done.
Collection and examination of evidence
• Evidence are something legally submitted to a competent
court as means of determining the truth.
• The main objective of evidence collection is to establish
relation between "scene of crime", victim and suspect.
Court looks into existence and non existence of facts
through submitted evidences.
• Generally evidence can be found and collected from the
following sites.
a) Scene of crime
b) Victim
c) Suspect and his/her surroundings.
a) Scene of crime
Scene of crime is the major site in which the real evidences are
found which helps to establish relationship between victim and the
suspect. Evidences that are found in scene of crime are finger
prints, weapons, body fluids, foot prints etc.
i) Fingerprints
Generally, it is found in the entry point of the spot. If everything is
visible they can be collected through scaled photography. if finger
print is found in small portable objects, the whole object is send to
forensic lab.
ii) Body fluids
If body fluids are fresh they are collected by means of dropper and
placed in clean glass bottles. If they are dried, then scrapped out by
blade and placed in clean paper. If body fluids are present in
cloths, whole stained cloth or piece containing stain must be sent
to the lab.
iii) Hair, fiber and glass fracture
They are collected by means of forceps and placed in a clean
paper. Every piece of evidence must be collected separately.
iv) Weapons, bullets
These are collected by clean gloves or with the help of clean
white handkerchief and placed in wooden boxes.
v) Foot prints and tyre marks.
They are found in outdoor scene of crimes. The print is
developed by experts and photographed and taken to the lab.
b) Victim
Sample of blood, hair, cloth, finger print are collected from
victim. Whole body of the victim is also photographed as
evidences to show if there is any mark in the body of the
victim.
c) Suspect
Cloth, blood, hair, handwriting, finger prints etc are collected
from the suspect as the case demand.
Testimony of witness (;fIfL k/LIf0f_
Any person who is able to understand the questions put
forward to them or can give rational answers to those
questions can be a witness.
A person having speech impairment can relate his/her
story through signal or in a written form.
Examination of witness is testing to find out the
knowledge and confidence of witness in the subject
matter.
Interrogative of witness by the opposition party is called
cross examination -lh/x_. Cross examination is done to
test the accuracy and truthfulness.
General rules relating to examination of witness
• Witness shall be caused to take oath to speak the
truth.
• Examination of all witness shall be done on the same
day if possible.
• Examination of one witness shall not be heard by
another.
• Opponent party must be given opportunity to cross
examine the witness.
• Witness who has already been examined cannot be re
examined without the permission of court.
Procedures relating to examination of witness
Witness is examined in three stages. They are:
i. Examination in chief
ii. Cross examination
iii. Re examination
i. Examination in chief
At this stage, lawyers are entitled to put such questions
which are relevant to the fact in issue. However, they
cannot ask leading question which suggests answer.
i. Cross examination
Cross examination starts after the completion of
examination in chief and opponent lawyer has right to
cross examination. Cross examination is done to test the
accuracy and truthfulness.
ii. Re examination
After the completion of cross examination, the first
presenting party has right to re examination but s/he
cannot ask questions on new subject matter. The one
who ask the question must be limited to the impact of
cross examination.
Privileges of witness
• Parents, son, daughter, husband or wife of the party shall
not be compelled to be a witness.
• Judges may not be compelled to answer on that matter
where s/he has expressed the matter being judge.
• Police personnel shall not be compelled to disclose the
source of information of the occurrence of crime.
• No person is bound to give evidence against
himself/herself.
• A person shall not be compelled to disclose any
communication between himself/herself and his/her legal
practitioner.
