Introduction: Indian Evidence Act
The Latin word “evidere” is derived from the English word “evidence”, which means to verify or prove anything. Evidence simply refers to something that provides proof of something and only applies to that thing. In India, where various types of evidence are routinely presented in court, laws in this area are governed by the Indian Evidence Act 1882.
Definition of evidence
Under Indian law, “evidence” is any document presented to the court and used to support the court about facts. Also, the purpose of the investigation has certain facts and requires proof.
Thus, in its broadest sense, evidence includes anything used to substantiate or establish the truth of a claim.
Indian Evidence Act, 1872
Indian Evidence Act was ratified by the Imperial Legislative Council of India in 1872 during the British Raj in India. The law provides guidelines and issues regarding the admissibility of evidence in Indian courts. With the promulgation and ratification of the Indian Evidence Act, India created a new law that changed the mindset of Indian courts on the admissibility of evidence. Until now, the rules of evidence were based on the ancient laws of various social groups and communities in India and varied according to one’s family, community, religious and social status.
Under the Indian Citizenship Act, all Indians are now subject to the same laws. What is
India Evidence Act, 1872?
According to the Evidence Act of India 1872, “evidence” means: “any statement of fact made by a witness in court”; “All information including electronic All statements are true.”
Evidence in this Law is minimal. This is because only two types of evidence are brought to court: testimony and documents, which can also include electronic documents.
What is the different evidence?
The list of different proofs is as follows:
Oral evidence
Oral evidence is evidence seen or heard by a researcher. Section 60 of the Indian Evidence Act of 1872 deals with the production of oral evidence. Oral evidence means that the court accepts all the arguments presented by the examiner as facts of the matter. Good, direct, consistent verbal evidence is preferred.
Documentary Evidence According to Section 3 of the Evidence Act of India, any document brought to the court for examination is called documentary evidence. Documentary evidence is more reliable than oral testimony in demonstrating the forum’s attitude towards leadership. For example, on the applicant’s website, in news published in online magazines, and in articles and advertisements published on other websites.
Inferential evidence
Inferential evidence Inferences Physical evidence. This evidence is presented to the court through the evaluation of concrete objects rather than observational data.
Proof of identity is checked by individuals by signing or proofreading. For example, physical evidence is the murder weapon in the murder and pictures showing the location and situation of the dead body.
Hearing Evidence
This proof is useless, only auditors argue. According to the Bombay High Court, evidence cannot be used against a group because the group cannot protest when evidence is presented. In addition, we therefore accept that hearsay evidence is information that the reviewer has not heard or seen, but has learned from another person.
Primary Evidence
Primary evidence is the highest level of evidence. All the cases below have given substantial evidence gathered from evidence under Section 62 of the Indian Evidence Act 1872. The fact is that at the time of presentation this evidence was considered to be better than anything that had existed before. For example, textbooks, textbooks, magazines, copies of documents or pictures, reviews, etc.
Direct Evidence
Direct evidence is the type of evidence that is important for deciding the issue at hand. The truth is that the object and the witness are immediately revealed when the witness claims the object. The statements given before the police were used as evidence of intervention. For example, security cameras, audio recording of the accused, witness testimony, ballistic test, etc.
Secondary Evidence
This type of evidence illustrates current facts by giving examples from other facts and giving context to each. Physical evidence, forensic evidence, scientific evidence and fingerprint evidence are just a few examples.
Forensic Evidence
This is evidence gathered in a legal court to support or refute a fact. Other forensic evidence includes testimony and facts for the judge to make a decision. For example, consider the time of sunset and sunrise, consider historical events, public and court records, etc. get to know
Non-judgmental evidence
Non-judgmental evidence is confirmation by criticizing others or something outside. There are other individuals or groups on the court.
Take, as an example, the confessions made by defendants out-of-court and publicly.
What evidence does the court accept?
Some of the evidence recognized by the Court are as follows:
Actual Evidence
All that was used in the case the court decided on the basis of this evidence. They can have knives, guns, bloody clothes and more.
Testimonial Evidence
This type of evidence is considered the easiest type of evidence as it does not require additional evidence to establish validity.
News Evidence
This evidence is infographics, animations, maps, etc. and it is believed to be the first thing given especially by the witnesses of the persons.
Good Evidence
Such evidence can be found in infographics, animations, maps, etc. and in particular it is believed to be the first evidence given by the witnesses.
That is generally considered legal because it helps fill the trial requirements.
Conclusion
Indian Evidence Act, 1872, is very comprehensive and has far-reaching consequences. The provisions of the law, the circumstances of the case and the principles of justice all play a role in the implementation of this Law.
Therefore, the main purpose of Evidence Law is to reveal the truth based on the evidence presented to the court.
Both parties must tell the truth to the court. Therefore, although the evidence does not limit the parties, it can be a guide for the court to make a decision. However, it is necessary to consult a lawyer to learn more about the law of proof in the relevant field.
Contact best lawyer in Jaipur
Advocate Kunal Sharma
+91 7737501808
+91 7790905299
kunal7737@gmail.com
Office Address
Plot No. 114, Ganesh Nagar,
Mansarover, Behind of Ganesh
Pairadise Jaipur- 302020 (Raj.)