EVIDENCE ACT- FLOWCHART:

Section 3

Fact Evidence

Physical facts: state of a thing or Means and includes Oral and

Relation of things, capable of Documentary evidence. Oral
being perceived by senses; evidence refers to statement made
-Physiological facts: refer to by the witnesses in relation to the
those facts, which cannot be matter of relevant fact or fact-in-
perceived by senses. issue. Whereas, documentary
evidence refers to all the
documents and electronic records.
Fact-in-issue

Any fact from Types of evidence

which, either by
Primary and Secondary Direct and
itself or in Circumstantial evidence.
evidence. Primary
connection with Direct evidence refers to is
Evidence is original
other facts, the evidence of a fact based on
document which is
existence, non- a witness's personal
presented to the court for knowledge or observation
existence, nature or
its inspection. Secondary of that fact and it is direct
extent of any right,
Evidence is the document in nature where no further
liability, or inferences are required.
which is not original
disability, asserted Whereas, Circumstantial
document but those
or denied on any evidence is usually a
documents which are
suit or proceeding, theory, supported by a
mentioned in Section 63 of
significant quantity of
the Act. corroborating evidence

Section 5

Under Evidence Act, identifying relevant facts are very important. Chapter-II
that runs from Section 5 to 55 explains about various relevant facts under
different circumstances. This identification of relevant facts is important
because the Court do not consider the evidence of any other fact unless it is a
relevant fact or fact-in-issue.
 Difference between Admission and Confession
Confession
It is a statement made by an accused
person which will be used against him
in a criminal proceeding to establish the
commission of the offence
untainted by any legal disqualification
may be accepted as conclusive in itself
of the matters confessed as conclusive in
itself of the matters confessed
confession of one accused tried along
with some other accused may be used
against the others, if the requirements of
section 30 of the Evidence Act are
satisfied
Voluntary is not required
For a confession to be relevant, It must
be made by the accused himself.
Exceptions to Hearsay
Acts which may be proved,
as part of res Gestae, must
be facts other than those in
issue but must be
connected with it. Though
hearsay evidence is not
admissible, but when it is
res gestae it can be
admissible in a court of
law and may be reliable
evidence.
Admission
It is a statement by a party to proceeding
or by a person who has an interest in the
subject-matter of the proceeding
whereby he admits a fact in issue or
relevant fact and such an admission will
be generally used in a civil proceeding.
It is no conclusive proof of the matters
admitted though it may operate as an
estoppel.
An admission of one of several
defendants is no evidence against
another defendant.
An admission need not be voluntary to
be admissible in evidence
There can be a relevant admission made
by an agent or even a stranger on behalf
of a party
Section 32 is one of those
provisions that provide
exceptions to the principle of
excluding hearsay evidence.
Dying declaration means the
statement of a person who
has died explaining the
circumstances of his death.
Such statement can be
proved when it is made by a
person as to the cause of his
death.