Introduction
Evidence
is the most important part of procedural law. Term “evidence” has been
derived from Latin term, and this Latin term is evident or evidere, which means
to show clearly, to discover, to ascertain or to prove. Evidence refers to
anything, which is necessary to prove a certain fact. In short words, evidence
is a mean of proof. There can be different kinds of evidence.
Definition
of Evidence
(i)
According To Salmond
“Evidence
may be defined as any fact which possesses probative force.”
Meaning
of Probative force
A
probative force means the quality by virtue of which the Court presumed that
one fact is evidence of another fact.
Various kinds of Evidence
Following
are most prominent kinds of evidence
1.
Original Evidence
Original
evidence means production of documents in their original forms.
Explanation
Following
points are important for explanation of original evidence
(i)
Original evidence is, in fact, primary evidence.
(ii)
Original evidence relates to documents
(iii)
In most of cases, original evidence is given more importance over oral
evidence.
(iv)
Written documents, which can be public or private documents, are usually
produced as original evidence.
2.
Un-original Evidence
Un-original
evidence means production of copy of document in place of original document.
Explanation
Following
points are important for explanation of un-original evidence.
(i)
Secondary evidence
Un-original
evidence is, in fact, secondary evidence.
(ii)
Insufficient Evidence
Usually
un-original evidence is considered insufficient evidence. Therefore, it is not
relied upon in most of cases. It is only relied upon when it is proved through
other evidence that production of original document has become impossible and
therefore, its copy has been produced.
(iii)
When can un-original evidence be given?
Un-original
evidence can be given when original document is not available or is lost or is
destroyed or is in possession of some person, who does not produce. There can
also be other reason due to which un-original evidence can be given.
3.
Direct Evidence
Direct
evidence means that evidence, which relates to real disputed question of case
and which is sufficient to determine responsibility.
(i)
Direct evidence can be oral evidence. In fact, Qanoon-e-Shahadat Order has
provided that oral evidence should be direct in all cases.
(ii)
Even direct evidence can be documentary evidence too.
(iii)
Direct evidence is based on personal knowledge or observation.
(iv)
Direct evidence cannot be based in inference or presumption.
4.
Real Evidence
Real
evidence usually takes from of some kinds of material object, which is produced
be before court.
Explanation
Following
points are important for explanation of real evidence
(i)
Material or physical evidence
Real
evidence is also termed as material or physical evidence.
(ii)
Purpose of Real evidence
On
purpose of real evidence can be to prove existence of some material object and
real evidence can be to make inference about use of some material object in
commission of some offence. And also to prove presence of any material object
at some place or possession of some person can be purpose of real evidence.
5.
Circumstantial Evidence
Circumstancial
evidence means that evidence, which is based on inference and which is not
based on personal knowledge or observation.
6.
Personal Evidence
When
some person himself sees any incident or situation and gives statement about it
in court, such statement is called personal evidence.
Conclusion
To
conclude, it can be stated that concept of evidence is an old concept.
Inquisitorial principle and adversary principle played important role in
development of concept of evidence. According to inquisitorial principle, judge
was to search for facts, listen to witnesses and experts, examine documents,
and order to take evidence. Contrary to this, parties and their counsels are
primarily responsible for finding and presenting evidence and judge does not
investigate facts according to adversary principle.
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