Understanding the Different Types of Evidence in Law
Introduction
Evidence is the most important part of procedural law. The term evidence has been derived from the Latin term evident or evidere, which means to show clearly, to discover, to ascertain, or to prove. Evidence refers to anything that is necessary to prove a certain fact. In short, evidence is a means of proof. There can be different kinds of evidence.
Definition of Evidence
According to Salmond
“Evidence may be defined as any fact which possesses probative force.”
Various Kinds of Evidence
Following are the most prominent kinds of evidence:
1. Original Evidence
Original evidence means the production of documents in their original forms.
Explanation
Following points are important for the explanation of original evidence:
(i) Original evidence is, in fact, primary evidence.
(ii) Original evidence relates to documents.
(iii) In most cases, original evidence is given more importance over oral evidence.
(iv) Written documents, which can be public or private, are usually produced as original evidence.
2. Unoriginal Evidence
Unoriginal evidence means the production of a copy of a document in place of the original document.
Explanation
Following points are important for the explanation of unoriginal evidence:
(i) Unoriginal evidence is, in fact, secondary evidence.
(ii) Usually, unoriginal evidence is considered insufficient evidence. Therefore, it is not relied upon in most cases. It is only relied upon when it is proved through other evidence that the production of the original document has become impossible, and therefore, its copy has been produced.
3. Direct Evidence
Direct evidence means that evidence which relates to the real disputed question of the case and which is sufficient to determine responsibility.
(i) Direct evidence can be oral evidence. In fact, the 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 on inference or presumption.
4. Real Evidence
Real evidence usually takes the form of some kinds of material objects, which are produced before the court.
(i) Real evidence is also termed as material or physical evidence.
5. Circumstantial Evidence
Circumstantial evidence means that evidence which is based on inference and which is not based on personal knowledge or observation.
6. Personal Evidence
When a person himself sees any incident or situation and gives a statement about it in court, such a statement is called personal evidence.
Conclusion
To conclude, it can be stated that the concept of evidence is an old concept. The inquisitorial principle and adversary principle played an important role in the development of the concept of evidence. According to the inquisitorial principle, the 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 the judge does not investigate facts according to the adversary principle.