Evidence, proof, either written or unwritten, of allegations in issue between parties.
Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.
The leading rules of evidence are the following:-
(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.
(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.
(3) It will be sufficient to prove the substance of the issue.
(4) The best evidence must be given of which the nature of the thing is capable.
(5) Hearsay evidence of a fact is not admissible, with some exceptions. See HEARSAY EVIDENCE.
(6) No person is bound to incriminate himself. See CRIMINAL EVIDENCE ACT.
The mode of taking evidence on a trial in the Common Law Courts differed from that which was usual in the Court of Chancery. It was oral in the former, and by affidavit in the latter. Now, however, that there is one Supreme Court, the ordinary mode of taking evidence is by oral examination of witnesses; but by agreement, or by leave of the Court or a judge, affidavits or depositions may be used (R.S.C. 1883, Ord. XXXVII.); they are always used in the Chancery Division on applications by motion or summons. See Best, or Roscoe, or Taylor, or Powell on Evidence; Evidence (Amendment) Act, 1915; and for other statutes on the subject, see Chitty's Statutes, tit. 'Evidence.'
(7) it means and includes--
(i) all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;
(ii) all documents produced for the inspection of the court; such documents are called documentary evidence. (Evidence Act,1872, s. 3) Somawanti v. State of Punjab AIR 1963 SC 151: (1963) 3 SCR 774.
'Evidence' can be both oral and documentary and electronic records can be produced as evidence. The evidence, even in criminal matters, can also be by way of electronic records. This would include video-conferencing, State of Maharashtra v. Praful B. Desai, AIR 2003 SC 2053 (2059). (Evidence Act, 1872, s. 3)
The word 'evidence' does not necessarily mean oral evidence adduced, Ganges Water Proof Works (P.) Ltd. v. Union of India, AIR 1999 SC 1102 (1104): (1999) 4 SCC 33.
Is something which ascertains the truth of the fact or print in question, A Dictionary of Law, William C. Anderson, 1889, p. 419.
Is of two types--oral and documentary; oral evidence refers to all statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under enquiry; documentary evidence means all documents produced for the inspection of courts, Indian Evidence Act, 1872.
All facts may be proved by oral evidence, Indian Evidence Act, 1872, s. 59.
Is categorized under two heads -- Primary and secondary primary evidence means document itself produced for inspection of court, Indian Evidence Act, 1872, s. 62.
The contents of documents may be proved by primary or secondary evidence, Indian Evidence Act, 1872, s. 61.
Is tendered before a Parliamentary Committee is treated a confidential until it is laid on the Table of the House, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 275(3).
Is something which ascertains the truth of the fact or print in question, A Dictionary of Law, William C. Anderson, 1889, p. 419.
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