KINDS AND SCOPE OF EVIDENCE

- Adarsh Adhikari, National Law College

 KINDS OF EVIDENCE
The study of classification of evidence keeps importance and significance from the
view point of practicality and principle. Evidence can be classified from the view points
of nature, structure and importance of evidence .
• Evidence may be classified as;
• 1.Direct and indirect or direct and circumstantial evidence
• 2.Real and Personal evidence
• 3.Original and Hearsay evidence
• 4.Primary and Secondary evidence
• 5.Oral and documentary evidence
• 6.Judicial and Non-judicial evidence
• 7.Positive and Negative evidence
 Major Classification
• 1.Direct and Circumstantial evidence:
• Direct evidence is also called the original evidence.
• Direct evidence directly establishes a fact and does not require a juror to make
any inferences
• Usually, in criminal cases direct evidence will be eyewitness testimony regarding
something that was actually observed
• For example: a witness who testifies that he saw the defendant shoot the victim
gives direct evidence
• Circumstantial evidence on the other hand, is a set of facts that, when taken
together, lead to a desired conclusion.
• Unlike direct evidence, circumstantial evidence does not stand alone, it requires
the use of logical reasoning to prove a fact
• Forensic evidence, like a pattern of blood spatter on a wall, is a good example of
it. It requires the use of deductive reasoning to connect a suspect to a crime,
because the evidence on its own does not prove anything.
• 2. Original and Hearsay evidence
• Original evidence is also called the direct evidence.
• Principally, “Hearsay evidence is no evidence”
• But, if the written documents which have been taken as the best evidence may be
felt lacking, in that time the decision of case can be taken on the basis of the
hearsay evidence also. But it is a very weak type of evidence.
• If any person who has seen any matter from his own eyes, or heard or felt it or the
opinion so stated heard by others upon hearing that matter if he makes an witness
statement at the court about that he has heard so then that is called the hearsay
evidence. Here, the person who has directly seen, heard or felt does not come to
say himself at the court, other person who has heard, comes.
• 3. Primary and Secondary evidence:
• Primary evidence is original document which is presented to the court for its
inspection
• It is the main source of evidence and it has highest value
• Primary evidence itself is admissible
• According to Article 35(1) of Evidence Act,2031- a document or fact mentioned in
the document has to be proved by producing such document.
• For an example- original document of the main issue; eyewitness account, clinical
reports, forensic reports, letters, visual records, etc.
• Secondary evidence is admissible in the absence of the primary evidence, so it is
an alternative source of evidence
• Giving secondary evidence is exception to the general rule
• Under certain circumstances, for instance, if the original documents is lost or
destroyed, the court permits copies of original documents to be tendered as
secondary evidence
• The principle does not mean that copies of documents or other evidence can
never be used in court, it is only that, if actual contents of that evidence is in
question, the best evidence to prove is the original or primary.
• According to Article 35(2) of Evidence Act,2031- Notwithstanding contained in sub-
section(1), any document or any fact mentioned in the document may be proved
with the help of the picture, photocopy or duplicate copy which has been duly
received pursuant to the law or oral evidence in the following circumstances:
• a)When it has been proved that the document is in the custody of that person
against whom that document has to be produced, or
• b)When the document is in the custody of such person against whom the court
cannot issue summon/notice or such person did not produce the document even
after the service of the summon/notice, or
• c)When it has been proved that the document has been lost or destroyed, or
• d) When it is not easily possible to lift the document and produce it before the court,
or
• e) When the document does not lie with the intending party to produce such
document by virtue of the nature of the document itself.
• According to Article 35(2) of Evidence Act,2031- Notwithstanding contained in sub-
section(1), any document or any fact mentioned in the document may be proved
with the help of the picture, photocopy or duplicate copy which has been duly
received pursuant to the law or oral evidence in the following circumstances:
• a)When it has been proved that the document is in the custody of that person
against whom that document has to be produced, or
• b)When the document is in the custody of such person against whom the court
cannot issue summon/notice or such person did not produce the document even
after the service of the summon/notice, or
• c)When it has been proved that the document has been lost or destroyed, or
• d) When it is not easily possible to lift the document and produce it before the court,
or
• e) When the document does not lie with the intending party to produce such
document by virtue of the nature of the document itself.
• 4. Oral, Documentary and Real evidence
• Statement made by witness before a court to prove or disprove any fact is
regarded as Oral evidence.
• All statements which the court permits or requires to be made before it by
witnesses, in relation to matters of facts under inquiry, such statements are called
oral evidence.
• There is general rule that oral evidence must be direct that is the person giving the
evidence must have perceived the fact by his/her own senses.
• According to Phipson- Oral evidence consists of in court by witness.
• Oral evidence also includes the statements made by people in signs and writing
forms.
• At the time of evaluating the oral evidence, court must see: (a) source of
information of the person who is giving the oral evidence, (b) the interrelationship
between the person and the party, and (c) if there is any reason to lie or not.
• Article 37 of Evidence Act, 2031, says-
• 1.Except in the condition where it is compulsory to produce the document to prove
any fact pursuant to this Act, in other conditions a fact may be proved by the oral
evidence
• 2.The oral evidence has to be direct in nature, to mean if the evidence has to be
produced on the fact which could have been seen, heard or felt with the help of any
sense that evidence has to be produced by the person who has directly seen, heard
or felt, as an oral evidence
• Explanation: The oral evidence given by a person as a witness before court who
hears or knows the fact in the mean time when it was expressed and which is
admissible as an evidence pursuant to Section 10(immediately expressed fact),
11(dying declaration) or 12(special facts expressed in special situation, condition or
position), shall also be considered as direct evidence
• Documentary evidence is evidence of a fact brought to the knowledge of the court
by inspection of a document produced before the court. – Indian Evidence Act.
• According to Interpretation of Laws Act,2010
• -Section 2(d):“Document” shall include any matter written, expressed or described
upon any substance by means of letters, figures, marks or by more than one of
those means which is intended to be used or which may be used for the purpose of
recording that matter.
• -Section 2(z): “Writing” shall be construed as including references to printing,
lithography, photography and other modes of representing or reproducing words in a
visible form.
• We can categorize document in 2 parts:
• 1.Public Document
• 2.Private Document
• Article 35 of Evidence Act, 2031, says-
• 1.A document or fact mentioned in the document has to be proved by producing
such document
• 2.Notwithstanding contained in Sub-section(1), any document or any fact mentioned
in the document may be proved with the help of the picture, photocopy or duplicate
copy which has been duly received pursuant to the law or oral evidence in the
following circumstances:
• a)When it has been proved that the document is in the custody of that person
against whom that document has to be produced, or
• b)When the document is in the custody of such person against whom the court
cannot issue Summon/Notice or such person did not produce the document even
after the service of the Summon/Notice, or
• c)When it has been proved that the document has been lost or destroyed, or
• d) When it is not easily possible to lift the document and produce before the court, or
• e)When that document does not lie with the intending party to produce such
document by virtue of the nature of the document itself.
• f)Provided that, in the case of the document mentioned in this Clause, it shall be
necessary to produce the certified copy in case it is possible to get such copy
pursuant to the law.
 Scope Of Evidence
• Scientific Scope: This refers to evidence used in scientific research and
exploration. It includes evidence gathered through systematic observation,
experimentation, and analysis in various scientific disciplines.

• Legal Scope: Evidence in the legal domain is used to establish facts or support
claims in a court of law. It includes evidence presented during trials, such as
testimonies, documents, physical evidence, and expert opinions.

• Historical Scope: Historical evidence is used to reconstruct and understand events,

people, and societies from the past. It includes primary sources (e.g., diaries, letters,
artifacts) and secondary sources (e.g., scholarly analyses, books) that help piece
together historical narratives.

• Medical Scope: Medical evidence is applied in healthcare and medicine to support

diagnoses, treatment decisions, and medical research. It includes clinical trials,
patient data, medical imaging, laboratory results, and expert opinions.
Business/Economic Scope: In the business and economic domains, evidence is used to
inform decision-making, analyze market trends, and evaluate the impact of policies or
strategies. It includes financial data, market research, economic indicators, and expert analysis.

Social Sciences Scope: Social sciences rely on evidence to study human behavior, societies,
and social phenomena. It includes data collected through surveys, interviews, experiments,
observations, and statistical analysis in fields such as psychology, sociology, anthropology, and
political science.

Environmental/Scientific Scope: Evidence in the environmental and scientific scope is used

to understand and address environmental issues, climate change, and natural phenomena. It
includes data on biodiversity, climate patterns, pollution levels, and ecological research.

Engineering/Technological Scope: Evidence is employed in engineering and technology to

design, develop, and improve systems and products. It includes experimental data, simulations,
prototypes, performance evaluations, and expert opinions.
Thank You!