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“Evidence and kinds of evidence” (general

information)
The Word evidence is derived from the
Latin word “Evidence” which means to
Show clearly to make clear to the sight, to discover
clearly and to ascertain or to proof.
“KINDS OF EVIDENCE”
Direct Evidence:
It is a testimony of a witness to the existence or
non-existence of the fact or fact in issue evidence of
the fact in issue is generally known as direct
evidence.
Indirect or circumstantial Evidence: - Circumstantial
evidence is that which tends to establish the fact in
issue by proving another fact.
Personal Evidence:-
It is the evidence which is afforded by a human
agent either in the way of discourse or by
voluntarily. Example Oral testimony of a witness.
Original Evidence: -
Original evidence is that evidence which a witness
report himself to have seen or heard through the
medium of his sense.
Hearsay Evidence:-
Unoriginally or derivative, second hand or hearsay
evidence is that which a witness is merely reporting
not what he saw or heard, not what has come
 Under the immediate observation of his bodily
 

senses but what he has learnt respecting the fact


through the medium of the third person. It is a
statement made by a witness of what has been said
and declared out of Court by a person, not before
the Court.
Primary evidence:-
Primary Evidence means documents itself produced
for the inspection of Court article 73 of QSO.

Secondary Evidence:
It means inferior or substation evidence which itself
indicates the existence of more sources of
information 74 of QSO. Example. Certified Copy,
copies through a mechanical process, compare
copies, counterparts, an oral account of a document
by a person who saw it.
Oral or Parole evidence:-
Oral evidence is evidence of fact brought to the
knowledge of the Court by the verbal statement of
a witness qualified to speak on the point he testifies
to.  Oral evidence must be direct Article 70, 71 of
QS.
Documentary Evidence:-
It is evidence of fact brought to the knowledge of
the Court by inspection of documents produced
before the Court.

Judicial evidence:-
It is evidence received by the Courts of justice in
proof or disproof of facts, the existence of which
comes in question before him.
Non-Judicial Evidence:-
Evidence given in the proceedings before a
Magistrate or officer, not in judicial capacity but
an administration one is non-judicial evidence.
Example: - Statement U/s 164 Cr.P.C recoded
by Magistrate.

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