What is Evidence and what is not


“ 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.

COMPETENT EVIDENCE-This term is used mostly as synonym of “admissible.” By competent evidence is meant that which the very nature of the thing to be proved requires as the fit and appropriate proof in the particular case.[The word “incompetent” is frequently used in stating objections to evidence and has meaning practically identical with “Inadmissible” and “irrelevant].(STEFEN`S DIGEST)

EVIDENCE VS PROOF-There is an obvious difference between the words “evidence” and “proof.” The former, in legal acceptation, includes the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. The latter is the effect or result of evidence.(STEFEN`S DIGEST)

Exceptions to the above rule [s 6 to 55 ]

 Material evidence [ Material exhibits] are not included because it need to be identified by a competent witness u/s 9. Sun gives light is a self evident fact but a dagger used in Murder is ned to be proved by credible Identification and corroboration direct witness along with opinion evidence u/ss 45 to 51.

Circumstantial evidence is evidence per se within the exception Rules under  Exceptions to the above rule [s 6 to 55 ]

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