Which Evidence the Court permits or requires to be made before it in a Suit or Proceeding [ Relevant evidence]

  1. Permissible hearsay Evidence [s 1to 16]

HERESAY EVIDENCE-Hearsay evidence is that which attempts to prove the event In question, not by the assertion of one who has personal knowledge of it, but by transmission of his extra judicial assertion through the medium of witness who knows not of the event, but of the former’s narration in respect to it.(STEFEN`S DIGEST)

2. DIRECT EVIDENCE -Direct evidence is term commonly used to denote testimony of witness asserting that he perceived with his senses the fact which is sought to be proved, as the execution of an instrument, the beating or killing of one person by another, the presence of person at given place and time, etc. In this sense it is distinguished from circumstantial evidence, which seeks to prove an act or matter, by testimony, not that any person directly perceived the act or matter, but that he perceived other things which would render the main fact or matter probable. The expression, “Oral evidence must be direct,” in Art. 62, Infra, is used in another sense, namely, that the person testify ing must speak of his own knowledge as to the matters about which he gives testimony, and not recite the hearsay statements of others.(STEFEN`S DIGEST)

3. Admission and Confession evidence [ s 17 to 30 ]

4. Statement by person not coming before the Court of Law [s 32 to 33]

5. Statements made through Documents [S 34 to 39 ]

6. Evidence in previous Judgments [ s 40 to 44 ]

7. Opinion Evidence[ expert] [s 45 to 50

8. Character Evidence  [s 52 55 ] 

A court shall Permit only  Relevant Fact or Facts in Issue forming the above eight items

“Relevant”.— One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
“Facts in issue”— The expression “facts in issue” means and includes—
any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
Explanation.— Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue, is a fact in issue.



Categories: EVIDENCE

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