PRELIMINARY 1 contd…
Definition & Meaning of Key Terms- 2
Evidence – Evidence can be classified into
- Oral and Documentary
- Primary and Secondary
- Presumptive, and
- Original and Hearsay
We will discuss all these categories by way of their meaning and illustrations.
- Oral Evidence: All statements which the court permits or requires to be made before it by witnesses, in relation to matter of fact under inquiry, such statement is oral evidence.
- Documentary Evidence : All documents including electronic record produced for the inspection of the court, such documents are called documentary evidence.
Evidence as defined in the Act is not the only medium of proof. Court can take into consideration other material, such as weapon or other article, which may not fall in definition of evidence.
- Primary & Secondary Evidence : Both can be oral or documentary.
Primary oral evidence : can also be called as direct evidence as opposed to hearsay, evidence (Sec.60)
Primary documentary evidence is the evidence of the original documents (Sec. 62) while the secondary documentary evidence is the evidence of copies, admissible under certain circumstances (Secs. 63 & 65)
Best Evidence Rule : Means primary evidence, it excludes secondary evidence.
Under English Law : Evidence is divided into Direct and Circumstantial. For illustration, Eye witness to murder is direct evidence. But if there is no eye- witness, then fact that A had motive to murder B or that A was seen running away with a blood stained knife from ‘B’’s room where B was found dead, would be circumstantial evidence against ‘A’.
In State of U.P v. Satish (2005) 3 SCC. 114, the Supreme Court has cautioned while dealing with circumstantial evidence, known as ‘Rule of Caution’
- Evidence of Prosecutrix : In case of sexual assault the victim is not an accomplice to the crime but is a victim. Therefore, her evidence need not be tested with same amount of suspicion as that of accomplice. Corroboration is not necessary, though desirable. Non examination of other witnesses may not be a serious infirmity (Mohd. Imran Khan vs. State (NCT- Delhi)- 2012 Cr..L.J. 693)
- Eye Witness : An eye witness is an effective witness, minor discrepancy will not render testimony of eye witness doubtful, mere relationships of such eye witness with victim cannot be discarded. Further evidence of injured eye witness stands on high pedestal.
( Shyam Babu vs. State of U. P 2012 Cr. L. J. 4550)
What is not evidence
- Affidavit – Not evidence within meaning of Sec. 3 (Veersingh Kolhari vs. State Bank of India, AIR 2013 SC. 58.)
- Statement under Section 313 Cr. P.C- Is taken into consideration to appreciate the truthfulness or otherwise of the case of prosecution. Statement of accused under Section 313 is recorded without administering oath. Thus not to be treated as evidence.
LawpreneurzDetails of lecture
|Lecture 1||Part I||V.1 - INTRODUCTION|
|Lecture 2||V.2 - Preliminary - 1 - KeyTerms 1|
|Lecture 3||V.3 - Preliminary - 1 - KeyTerms 2|
|Lecture 4||V.4 - Preliminary - 1 - KeyTerms 3|
|Lecture 5||V.5 - Relevancy of Facts - Secs. 5-8|
|Lecture 6||V.6 - Relevancy of Facts - Secs 9-16|
|Lecture 7||V.7 - Relevancy of Facts - Secs 17-23 - Admission|
|Lecture 8||V.8 - Relevancy of Facts - Secs 24-30 - Confession|
|Lecture 9||V.9 - Relevancy of Facts - Secs 27-30 - Confession|
|Lecture 10||V.11 - Relevancy of Facts - Secs 34-39 & 40-44 - Relevancy of statements and Judgement|
|Lecture 11||V.12 - Relevancy of Facts - Secs 45-51 - Expert Opinion|
|Lecture 12||V.12 - Relevancy of Facts - Secs 45-51 - Expert Opinion|
|Lecture 13||V.13 - Relevancy of Facts - Secs 52-55 Character|
|Lecture 14||Part II (ON PROOF)||V.14 - On Proof Sec. 56-58|
|Lecture 15||V.15 - On Proof Sec. 59-90 - Oral and Documentary Evidence|
|Lecture 16||V.16 - On Proof Sec. 61-90 - Documentary Evidence|
|Lecture 17||V.17 - On Proof Sec. 74-90 - Public Documents|
|Lecture 18||PART III (PRODUCTION AND EFFECT OF EVIDENCE)||V.18 - Burden of Proof - I -Secs. 101-167|
|Lecture 19||V.19 - Burden of Proof - II -Secs. 104-108|
|Lecture 20||V.20 - Burden of Proof - Secs. 109-114|
|Lecture 21||V.21 - Estoppel - Secs. 115-117|
|Lecture 22||V.22 - Witnesses - I - Secs 118-134|
|Lecture 23||V.23 - Witnesses - II - Secs 121-134|
|Lecture 24||V.24 - Examination of Witnesses I - Secs. 135-150|
|Lecture 25||V.25 - Examination of Witnesses II - Secs. 152-167|
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