When I have to delete screenshots to clean my phone’s storage, it feels like deleting evidence…..Did you also come across this meme on social media and found it deadly relatable? Met Too!! That’s about casual day-to-day matters. However, when it comes to Court cases, evidence plays a crucial role, assisting the Courts to decide the rights of stakeholders. Speaking of Court cases, criminal cases are even more serious, since it’s an act of balance between the liberty of people on one side and bringing justice for the victim and others. For that matter, find out how many types of evidence in law exist, which aid as stepping stones in deciding legal matters.
Types of Evidence in Law
Primary Evidence
Primary in the instant concern literally means “earliest in time or order” or “of chief importance”. Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 states that “Primary evidence means the document itself produced for the inspection of the Court.” It further explains that if the said document is executed in several parts or counterparts, each one of those constitute primary evidence. In the case of electronic/digital records stored in multiple files, each file constitutes a primary record. The law under Section 59 specifically states for primary evidence to be used for proving documents unless laid under the exception. Examples of primary evidence include original documents like government records, photographs, emails, etc.
Secondary Evidence
As the term suggests, secondary evidence may be understood as subordinate or of lesser importance as compared to the primary evidence. That is so because secondary evidence cannot supersede secondary evidence but follow them. As per Section 58 of BSA, secondary evidence includes certified copies under a legal provision, copies of original documents, comparative copies, oral admissions, written admissions, etc. An example of secondary evidence could be xerox copies of documentary evidence. It may be noted that if original document is available, its secondary evidence may not be admissible unless the original one is in possession of the person against whom the said document is sought to be proved, or the person is out of reach.
Oral Evidence
As the term suggests, all the statements spoken orally before the Court constitute oral evidence. Section 2(1)(e)(i) of the Bharatiya Sakshya Adhiniyam, 2023 states that “(i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence”. It is a standalone form of evidence since Section 54 of BSA states that all facts except those in the form of document contents may be proved by oral evidence.
Section 55 of BSA requires oral evidence to be direct in all cases, being evidence of someone who saw, heard, perceived or opined the said instance.
It may be noted that even if it’s documentary evidence, experts may be called to state the evident from that data. Examples of oral evidence may be someone who saw someone stabbing another, who heard the screams of the victim, another who saw two people going in a room when the other was found dead after a few minutes, or some expert who would explain the serological test report of blood on weapon stating that the blood was that of a human.
Documentary Evidence
Any material in the form of written content, symbol, image, audio or video recording, etc. may constitute documentary evidence. Section 2(1)(e)(i) of BSA states that “all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence”. When it comes to proving documentary evidence, Section 56 of BSA states that contents of a document may be proved by primary or secondary evidence, as the case may be, where primary is the document itself produced in original, and secondary one may be the certified copies or copies of original documents.
Examples of documentary evidence may be a written contract, a photograph of incident spot, a voice recording, etc.
Real/Physical Evidence
As the term suggests, it is anything in physical or material form which is an evidence to prove something before the Court. ‘Physical Evidence’ is not per se used or defined under the Bharatiya Sakshya Adhiniyam. Among the types of evidence in law, physical evidence is directly connected with the incident. It could be murder weapon, narcotics, flesh scratched by the victim, suspect’s belongings at the crime scene, etc. It’s basically anything in the physical form which proves the presence of someone or the happening which led the matter to the Court.
Scientific/Forensic Evidence
When it comes to Court cases, especially criminal ones, it is not oh-so easy to prove. Sometimes, the evidence available is not understandable by a layman since it is scientific or forensic. Science is reliable and thus appropriately helps prove certain aspects, for it brings certainty. Scientific research may require expert opinions, laboratory tests, simplifying the technical data, etc. Scientific or Forensic evidence among the types of evidence in law are usually readily admissible by the Courts unless there is lack of certainty. Scientific/Forensic evidence may be direct or indirect. Examples of forensic evidence include blood samples, hair strands/saliva/semen samples for DNA tests, narco analysis, ossification tests to determine age, fingerprint tests, etc.
Direct Evidence
As the term usually suggests, it is the type of evidence in law which directly proves a certain aspect, and does not seek inference from another statement or evidence. In other words, direct evidence has the ability to establish a fact on its own and does not require any supporting evidence for the same. Examples of direct evidence include an eyewitness, video recording of a murder, call records. Usually, direct evidence is the most admissible and reliable forms of evidence in law, since it assists Courts in deciding the matters.
Indirect or Circumstantial Evidence
As can be understood, evidence which is not direct to prove the fact but hint at a certain circumstance fall under the category of indirect or circumstantial evidence. It is more of a chain of circumstances which leads to prove that a certain crime was committed, and that too by the accused against whom the case was to be proved. Most of the time, direct evidence is not easily available, and in all such cases, it is the conclusive circumstances of the case which lead to prove certain aspects. Courts have time and again emphasised upon the importance of conclusiveness and chain of circumstantial evidence that no other inference could be made but the guilt of the accused.
Examples of circumstantial evidence may be call records proving presence of the accused at the crime scene having telephonic contact with the victim, accused’s fingerprints on the murder weapon, etc.
Hearsay Evidence
Hearsay in general can be understood as the information received from others, more of a rumour. This type of evidence in law is exceptional, since whether hearsay evidence is admissible or not depends upon the specific circumstances of the case. Though as compared to direct or oral evidence, hearsay has no acceptance in the Courts. However, if there is a chain of circumstantial evidence, and a person’s hearsay evidence may come into play. Examples may be dying declaration, when the person on death bed narrates the reason of his/her death, and the person with whom such information is shared may prove its sanctity before the Court, being hearsay evidence. Other examples are confessions, admissions, etc.
