Define Evidence What are the different Kinds of Evidence?

Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either (a) presumed to be true or (b) which were proved by evidence, to demonstrate an assertion's truth. Evidence is the currency by which one fulfills the burden of proof."

The different Kinds of Evidence are -
1 Oral Evidence

- Section 60 of the Indian Evidence Act, 1872 prescribed the provision of recording oral evidence. All those statements which the court permits or expects the witnesses to make in his presence regarding the truth of the facts are called Oral Evidence. Oral Evidence is that evidence which the witness has personally seen or heard. Oral evidence must always be direct or positive. Evidence is direct when it goes straight to establish the main fact in issue.

2 Documentary Evidence - 

Section 3 of The Indian Evidence Act says that all those documents which are presented in the court for inspection such documents are called documentary evidence. In a case like this, it is the documentary evidence that would show the actual attitude of the parties and their consciousness regarding the custom is more important than any oral evidence.

3 Primary Evidence - Section 62 of The Indian Evidence Act says Primary Evidence is the Top-Most class of evidence. It is that proof which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document for inspection by the court. It means the document itself produced for the inspection of the court. In Lucas v. Williams Privy Council held “Primary Evidence is evidence which the law requires to be given first and secondary evidence is the evidence which may be given in the absence of that better evidence when a proper explanation of its absence has been given.”

4 Secondary Evidence - Section 63 says Secondary Evidence is the inferior evidence. It is evidence that occupies a secondary position. It is such evidence that on the presentation of which it is felt that superior evidence yet remains to be produced. It is the evidence which is produced in the absence of the primary evidence therefore it is known as secondary evidence. If in place of primary evidence secondary evidence is admitted without any objection at the proper time then the parties are precluded from raising the question that the document has not been proved by primary evidence but by secondary evidence. But where there is no secondary evidence as contemplated by Section 66 of the Evidence Act then the document cannot be said to have been proved either by primary evidence or by secondary evidence."

5 Real Evidence - 

Real Evidence means real or material evidence. Real evidence of a fact is brought to the knowledge of the court by inspection of a physical object and not by information derived from a witness or a document. Personal evidence is that which is afforded by human agents, either in way of disclosure or by the voluntary sign. For example, Contempt Of Court, Conduct of the witness, the behavior of the parties, the local inspection by the court. It can also be called as the most satisfactory witness.
 

6 Hearsay Evidence - Hearsay Evidence is very weak evidence. It is only the reported evidence of a witness which he has not seen either heard. Sometimes it implies the saying of something which a person has heard others say. In Lim Yam Yong v. Lam Choon & Co. The Hon’ble Bombay High Court adjudged “Hearsay Evidence which ought to have been rejected as irrelevant does not become admissible as against a party merely because his council fails to take objection when the evidence is tendered.” So finally we can assert that Hearsay Evidence is that evidence which the witness has neither personally seen or heard, nor has he perceived through his senses and has come to know about it through some third person. There is no bar to receiving hearsay evidence provided it has reasonable nexus and credibility. When a piece of evidence is such that there is no prima facie assurance of its credibility, it would be most dangerous to act upon it. Hearsay evidence being evidence of that type has, therefore, to be excluded whether or not the case in which its use comes in for question is governed by the Evidence Act.
 

7 Judicial Evidence - Evidence received by the court of justice in proof or disproof of facts before them is called judicial evidence. The confession made by the accused in the court is also included in judicial evidence. Statements of witnesses and documentary evidence and facts for the examination by the court are also Judicial Evidence.

8 Non-Judicial Evidence - Any confession made by the accused outside the court in the presence of any person or the admission of a party is called Non-Judicial Evidence if proved in the court in the form of Judicial Evidence.
 

9 Direct Evidence - Evidence is either direct or indirect. Direct Evidence is that evidence which is very important for the decision of the matter in issue. The main fact when it is presented by witnesses, things, and witnesses are direct, evidence, whereby main facts may be proved or established that, is the evidence of a person who had actually seen the crime being committed and has described the offense. We need hardly point out that in the illustration given by us, the evidence of the witness in Court is direct evidence as opposed to the testimony to a fact suggesting guilt. The statement before the police only is called circumstantial evidence of, complicity and not direct evidence in the strict sense.
 

10 Circumstantial Evidence or Indirect Evidence - There is no difference between circumstantial evidence and indirect evidence. Circumstantial Evidence attempts to prove the facts in issue by providing other facts and affords an instance as to its existence. It is that which relates to a series of other facts than the fact in issue but by experience have been found so associated with the fact in issue in the relation to cause and effect that it leads to a satisfactory conclusion.