Saturday, July 22, 2023

Classification of Evidence





                Classification of Evidence

2023 PCrLJ 1156

                2023 PCrLJ 1156

Classification of Evidence.

      Any given item of judicial evidence may attract more than one of the labels by which varieties of evidence have been classified -- Principal labels are 

( i ) Testimony ,. 

( ii ) Hearsay evidence

( iii ) Documentary evidence , 

( iv ) Real evidence and

( v ) Circumstantial evidence - 

      Testimony means direct evidence ; hearsay , an indirect evidence ; documentary evidence means presentation of facts through documents ; real evidence includes material things ( like case property ) --- In addition to material objects , real evidence also includes documents , physical appearance of persons and animals , demeanour of witnesses , intonation of voices on a tape recording , views , inspections out of courts of locus in quo or of some object which it is impossible or highly inconvenient to bring to court , and , possibly , out - of - court demonstrations or re - enactments of acts or events into which Court is inquiring --- Circumstantial evidence means evidence of relevant facts like motive , plans and preparatory acts , capacity , opportunity , identity , continuance , failure to give evidence , failure to provide evidence and standards of comparison.

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