Kind of Evidence – Special category

1. Personal Evidence:
 Personal evidence is that which is given by a person directly before the court.
 Thus, Oral evidence is a personal evidence.
 Oral evidence is direct and personal.
2. Direct Evidence:
 The direct evidence means that where the existence of a given thing or fact is proved either by
its actual production or by the testimony or admissible declaration of some one who has
himself perceived it by his senses, the evidence is known as direct evidence.
 Direct evidence given by any eye witness or by producing the original document itself.
3. Indirect Evidence:
 Indirect evidence is otherwise is known as circumstantial evidence. It is the evidence that gives
to logical inference that such a fact exist.
4. Real Evidence:
 Material objects other than documents produced for inspection of the Court, are commonly
known as real evidence.
5. Material Evidence:
 Where the objects are presented for the inspection of the court, it is called material evidence.
 Under section 60 of IEA, if oral evidence refers to the existence of or condition of any material
thing, other than a document, the court may, if it thinks fit, require t he production of such
material thing for its inspection.
 Under section 52 of CrPC also, on arrest of a person the police may search the person arrested
and recover weapon from him, and the same shall be produced before the court.
6. Substantive evidence:
 Substantive is that on which reliance can be placed for the decision of the case.
 This is the evidence upon which the court delivers it judgment.
7. Non-substantive evidence:
 Non-substantive evidence is that which either corroborates the substantive evidence to
increase its credibility or which contradicts a substantive evidence to discredit.
8. Positive evidence:
 Positive evidence is one which tends to prove the existence of a fact.
 If the evidence adduced before the court satisfies it as unqualified, does not create any doubt,
definitive and beyond any reasonable doubt, it is a positive evidence.
 If is also known as ‘affirmative evidence’.
9. Negative evidence:
 Negative evidence is one which is adduced to prove the non-existence of a fact.
 Negative evidence is a weak evidence.
 By providing non-existence of a fact, the court cannot decide the case.
10. Conclusive evidence:

Conclusive evidence is the evidence, of which no party is permitted to contradict by any other evidence.
[child is ‘doli incapax’].