TYPES OF EVIDENCE according to INDIAN EVIDENCE ACT
There are different types of evidence under the Indian Evidence Act, 1872. These are mentioned below-
1) Oral Evidence
2) Documentary Evidence
3) Primary Evidence
4) Secondary Evidence
5) Real Evidence
6) Hearsay Evidence
7) Judicial Evidence
8) Non- Judicial Evidence
9) Direct Evidence
10) Indirect Evidence or Circumstantial Evidence
These are detailed below-Quashing of FIR Process
1) Oral Evidence– Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidence is those evidence that is personally seen or heard by the witness giving them and not heard or told by someone else. All the statements which are permitted by the court or the court expect the witness to make such statements in his presence regarding the truth of the facts are called Oral Evidence.
Oral evidence must always be direct. Evidence is direct when it establishes the main fact in the issue.
2) Documentary Evidence is defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidence.
3) Primary Evidence Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidence is the most superior class of evidence. These are those evidence that is expected by the law and admissible and permissible in the first place. These are those evidence which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.
4) Secondary Evidence is defined under section 63 of the Act. These are those evidence that is entertained by the court in the absence of the Primary evidence. Therefore it is known as secondary evidence.
5) Real Evidence: Real evidence is those evidence which is real or material evidence. Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving information from a witness or a document.
6) Hearsay Evidence – Hearsay evidence is the ones which the witness has neither personally seen nor heard, nor has he perceived through his senses, but are those which have come to his knowledge through some other person. These are the weakest category of evidence.
7) Judicial Evidence – Judicial evidence are those which are given before the magistrate in the court. For example- a confession made by the accused before the magistrate in the court is Judicial Evidence.
8) Non- Judicial Evidence – Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person is termed as Non- Judicial evidence.
9) Direct Evidence – Direct evidence is evidence that establishes a fact. The best example of direct evidence would be statements or confessions made by the witnesses.
10) Indirect or Circumstantial Evidence – Circumstantial or indirect evidence is the one that attempts to prove the facts in dispute by providing other facts. Circumstantial evidence is not definite proof. they only provide a general idea as to what occurred at the crime scene.
