SINHGAD LAW COLLEGE

PUNE

A
Presentation on

Oral & Documentary Evidence

Presented by: KHUSBOO KHARBANDA

BA.LLB(IV)Year
Roll N0- 39
Subject- Law of Evidence
 INTRODUCTION
 Evidence is considered to be the backbone of administration of justice. Indian Evidence
Act,1872 was introduced by the britishers.
 The origin of the concept of evidence can be traced back to the Ancient Hindu Period,
for that Hindu Dharma Shastra has to be referred. Before this point, the principles of
evidence were based upon the local and traditional legal systems of various social
groups residing in India.
 SIR HENRY MAINE is named the Founding father of the act. This act is a path-
breaking judicial measure introduced in India which changed the entire system of Indian
judiciary.
 There was a drastic change after the enactment of this act because before it, there was no
codified rule or set up rules and regulation for taking evidence. This act is predicated on
the English law of Evidence. It is not exhaustive in nature.
 The Indian Evidence Act is LEX FORI Law which suggests the law of the place where
the proceeding is being taken.
 MEANING
 The word ‘Evidence’ has its origin in the Latin word ‘evidere’ which means to
show particularly, to clarify to view or sight.
 Sir Blackstone, ‘Evidence’ means what illustrates, clarifies or learn the reality of
current realities or focuses in issue either on one side or the other. As per Sir
Taylor, Law of Evidence implies through contention to demonstrate or discredit
any self-evident actuality. The reality of which is submitted to legal examination.
 "The word evidence in connection with Law, all valid meanings, includes all
except agreement which prove, disprove any fact or matter whose truthfulness is
presented for Judicial Investigation. At this stage it will be proper to keep in mind
that where a party and the other party don't get the opportunity to cross-examine
his statements to ascertain the truth then in such a condition this party's statement
is not Evidence.”
 STATUTORY
INTERPRETATION
 “Evidence” means and includes—
 (1) all statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry, such statements are called
oral evidence;
 (2) all documents including electronic records produced for the inspection of the
Court, such documents are called documentary evidence.
 ORAL EVIDENCE
 Section 59 and 60 of the Indian Evidence Act deals with oral evidence.
 It has been defined under section 3 of the act as “All statements which the court
permits or requires to be made before it by witnesses, in relation to matters of fact
under inquiry, such statements are called as oral evidence.”.
 The term oral is itself explanatory that includes anything spoken or expressed by
mouth.
 SECTION- 59
 Proof of facts by oral evidence. —"All facts, except the 1[contents of documents
or electronic records], may be proved by oral evidence.”
 This includes persons who are unable to speak also. Evidence given by them in
writing or through signs, they come under the ambit of oral evidence.
 “Section 59 of the said Act enacts that all facts, except the "contents" of
documents, may be proved by oral evidence. This provision would clearly
indicate that to prove the contents of a document by means of oral evidence would
be a violation of that section.”
 SECTION- 60
 “Oral evidence must be direct. —Oral evidence must, in all cases whatever, be
direct.”
 The main ingredients of the above section are ‘direct’ and ‘must’. Oral evidence at
any stage cannot be indirect, that is, hearsay.
 It is not a second-hand evidence. There are four important principles of this
section. Until and unless, they are not proved, the evidence would not come under
the ambit of oral evidence.
 Principles

 If it refers to a fact which could be seen, it must be the evidence of a witness

who says he saw it: This clearly means
that only such evidence will be considered oral, whose testimony is given by the
person who actually saw the matter by their own eyes. Example- If A saw that B
pushed C off the terrace deliberately, only this would tantamount to direct
evidence.
 If it refers to a fact which could be heard, it must be the evidence of a witness
who says he heard it: This refers to
evidence, in which the matter is heard by the person testifying so. Example- If A
overheard B and C’s conversation of planning to shoot D, then A’s testimony
would be considered.
 If it refers to a fact which could be perceived by any other sense or in any
other manner, it must be the evidence of a witness who says he perceived it by
that sense or in that manner: This means if a person
perceives something by any manner or his senses of the crime. Example, A
perceives that B is going to kill C, his wife, by noticing B’s behaviour, touch or
nervousness.

 If it refers to an opinion or to the grounds on which that opinion is held, it

must be the evidence of the person who holds that opinion on those grounds:
It means in simpler terms that
if a person has an opinion on an incident, it should be solely his opinion based on
some grounds then only his testimony will be considered. Example, If A thinks C
is a wicked person and responsible for the incident, then C’s personal opinion
shall be considered on those grounds.
 HEARSAY EVIDENCE
 The term ‘Hearsay’ means heard of something from someone.
 This is a indirect form of evidence and also a powerless one. It means some
information about the incident is passed on to someone who has not directly seen
or heard of it.
 This is not a direct source of information; thus, it is exempted from the category
of oral evidence as it only includes direct evidence.
 EXCEPTIONS
 Section 6: Res gestate - The statement of a person maybe proved through another
person who appears as a witness if the statement is a part of the same transaction.
Example, A is accused of the murder of B by shooting him. Whatever was said or
done by A or B or the by-standers at the scene, or so shortly before or after it as to
form part of the transaction, is completely relevant.
 Admissibility - The statement in public document such as, the Acts of the Parliament,
official books and registers can be proved by the production of the documents and it is
not necessary to produce before the court the draftsman of the documents.
 Section33: Evidence given in the former proceedings - It is provided that evidence is
given by a witness in the proceeding can be used as an evidence of the truth of the
facts stated in any subsequent proceeding between the same parties, provided that the
witness has died or is, for some other reasons, not available.
 Section 60: Statement of experts in treaties proviso opinions are proved by production
of such treaties if the author is dead or cannot be found or became incapable of giving
evidence.
DOCUMENTARY EVIDENCE
 Chapter 5 of the Indian Evidence Act deals with documentary evidence. Section
61 to 90A fall under this chapter whereas section 61-66 of the act gives answers to
the questions that how the contents of a document are to be proved.
 Vox Audita Perit, Littera Scripta Manet is an Ancient roman proverb. The Which
means the Spoken Word Vanishes, the Written Word Remains. The law of
evidence recognizes the superior credibility of the documentary evidence as
against of oral evidence.
 As per section 3 of the Indian Evidence Act, ‘all documents produced for the
inspection of the court; such documents are called documentary evidence.’
 Section 3 of evidence provides that documentary evidence means all documents
including electronic records produced for the inspection of the court. Documents
are of two kinds :
 Public Documents (section74) ;
 Private Documents (section 75).

 Section 61 of Indian Evidence Act states that the contents of documents may be
proved either:
 by primary evidence, i.e. by producing the document itself (Section 62) or
 by secondary evidence (Section 63).
 A document which is proved to be genuine and satisfies the requirements of law
should only be relied upon. “A man may lie but a document will never lie.”
 Section 62: Primary evidence: means the document itself produced for inspection of the
court.
 “Section 61 of Evidence Act lays down that contents of any document may be proved by
primary evidence and section 62 of Evidence Act provides that primary evidence means
the document itself produced in court for inspection.”

 Section 63: Secondary evidence: means and includes:

 Certified copies.
 Copies made from the original by mechanical process, ensuring the accuracy of the
copy.
 Copies made from and compared with original.
 Oral accounts of the contents of a document given by some person who has seen it.

 Section 65: It contains cases in which secondary evidence relating to documents may be
given which ranges from clauses (a-g). Where as section 64 says documents are to be
clearly proved by primary evidence only except for the clauses mentioned in section 65.
 DIFFERENCES
BASIS ORAL EVIDENCE DOCUMENTARY
EVIDENCE
MEANING It is given by the witnesses in the court Documentary evidence that is
orally that is by mouth. written evidence is submitted in
the court in form of hard
papers, documents.
DEFINITION It is given in section 3 of the act. It is given in section 3 of the
act.
SCOPE It is included in section 59 and 60. Written evidence ranges from
section 61-66 of the act.
FORM It has to be given in direct form It is proved through primary
although few exceptions are there. and secondary evidences.
SUBMISSION It is submitted orally, signs or by This is submitted in writing also
gestures. includes electronic form.
 CONCLUSION
 Both oral and documentary evidence are strong sources of evidence. But the
power of each ranges from cases to case and to various circumstances.
 Definitely, documentary evidence, which is a form of written evidence can be
considered to be stronger and more reliable in comparison to oral evidence.
 But the courts takes into account both of these as sometimes documentary
evidence may not be available to prove a fact.
 Thus, both of these are equally important and the interpretation of these has paved
a way for a better form of justice.