Evidence means and includes-
- 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;
- all documents; including electronic records, produced for the inspection of the court; such documents are called documentary evidence.
That means evidence can be in given in any form oral, documentary as well as electronic.
A document means anything which is a permanent record of the happening of a fact. Oral statements of a witnesses become evidence only when the right and opportunity is given to the opposite party to cross-examine, failing which they remain only bare statements.
The word ‘evidence’ in its relation to law includes all the legal means exclusive of mere arguments which tend to prove or disprove any fact the truth of which is submitted to judicial investigation.
Every case that comes before a court of law has a fact story behind it. Facts out of which cases arise keep happening in the ordinary course of life. The means by which facts are proved governed by the law of evidence. The function of the law of evidence is to lay down rules according to which the facts of a case can be proved or disproved before a court of law. The means which can be used to prove a fact are all controlled by the rules and principles laid down by the law of evidence.
The facts of the case will be proved by way of evidence act whether it is civil cases or criminal cases. It is the burden of proof which is different in both the cases like in Civil Cases burden of proof will be the balance of probability and in case of criminal cases the facts must be proved beyond all the reasonable doubts.
FOLLOWING ARE THE TYPES OF EVIDENCES :
- ORAL EVIDENCE
- DOCUMENTARY EVIDENCE
- PRIMARY EVIDENCE
- SECONDARY EVIDENCE
- REAL EVIDENCE
- HEARSAY EVIDENCE
- JUDICIAL EVIDENCE
- NON-JUDICIAL EVIDENCE
- DIRECT EVIDENCE
- INDIRECT EVIDENCE OR CIRCUMSTANTIAL EVIDENCE