PPT: Introduction to Indian Evidence Act-2 | Civil Law for Judiciary Exams PDF Download

 Page 1


Introduction to 
Indian Evidence 
Act-2
Page 2


Introduction to 
Indian Evidence 
Act-2
Evidence constitutes a crucial part of legal 
proceedings
Definition of Evidence
A reliable and pertinent collection of 
information that can either establish 
or disprove a specific matter in legal 
context.
Oral Evidence
Encompasses verbal statements, 
gestures, or observed actions that a 
witness has directly perceived or 
heard to establish key facts relevant 
to the case.
Legal Foundation
As per Section 3 of the Evidence 
Act, any statement made by a 
witness in court regarding matters 
under investigation constitutes Oral 
Evidence.
Page 3


Introduction to 
Indian Evidence 
Act-2
Evidence constitutes a crucial part of legal 
proceedings
Definition of Evidence
A reliable and pertinent collection of 
information that can either establish 
or disprove a specific matter in legal 
context.
Oral Evidence
Encompasses verbal statements, 
gestures, or observed actions that a 
witness has directly perceived or 
heard to establish key facts relevant 
to the case.
Legal Foundation
As per Section 3 of the Evidence 
Act, any statement made by a 
witness in court regarding matters 
under investigation constitutes Oral 
Evidence.
Oral versus Documentary Evidence
Oral Evidence Scope
Section 59 of the Evidence Act permits demonstration of 
all facts and events through Oral Evidence, with important 
exceptions.
Key limitation: Contents of documents and electronic 
recordings cannot be proven solely through spoken 
testimony.
Practical Example
In a traffic accident case:
Oral Evidence: Eyewitness accounts of the accident
Documentary Evidence: Police accident report
Both types work together to establish the complete 
factual picture for the court.
Page 4


Introduction to 
Indian Evidence 
Act-2
Evidence constitutes a crucial part of legal 
proceedings
Definition of Evidence
A reliable and pertinent collection of 
information that can either establish 
or disprove a specific matter in legal 
context.
Oral Evidence
Encompasses verbal statements, 
gestures, or observed actions that a 
witness has directly perceived or 
heard to establish key facts relevant 
to the case.
Legal Foundation
As per Section 3 of the Evidence 
Act, any statement made by a 
witness in court regarding matters 
under investigation constitutes Oral 
Evidence.
Oral versus Documentary Evidence
Oral Evidence Scope
Section 59 of the Evidence Act permits demonstration of 
all facts and events through Oral Evidence, with important 
exceptions.
Key limitation: Contents of documents and electronic 
recordings cannot be proven solely through spoken 
testimony.
Practical Example
In a traffic accident case:
Oral Evidence: Eyewitness accounts of the accident
Documentary Evidence: Police accident report
Both types work together to establish the complete 
factual picture for the court.
Section 60 - Oral Evidence Must 
Be Direct
Primary Rule of Evidence Acceptance
Section 60 establishes the foundational principle for accepting evidence in court, 
emphasizing the necessity for direct evidence.
Essence of Direct Evidence
The term 'direct' is pivotal, explicitly excluding any form of hearsay evidence. All 
oral testimonies must meet the criterion of directness.
Exclusion of Hearsay Evidence
Information received from a third party rather than the witness themselves is 
categorically disregarded under Section 60.
Requirement for Witness Testimony
Every witness must satisfy the prerequisite of directness, implying they must 
personally have perceived or experienced the events they are testifying about.
Page 5


Introduction to 
Indian Evidence 
Act-2
Evidence constitutes a crucial part of legal 
proceedings
Definition of Evidence
A reliable and pertinent collection of 
information that can either establish 
or disprove a specific matter in legal 
context.
Oral Evidence
Encompasses verbal statements, 
gestures, or observed actions that a 
witness has directly perceived or 
heard to establish key facts relevant 
to the case.
Legal Foundation
As per Section 3 of the Evidence 
Act, any statement made by a 
witness in court regarding matters 
under investigation constitutes Oral 
Evidence.
Oral versus Documentary Evidence
Oral Evidence Scope
Section 59 of the Evidence Act permits demonstration of 
all facts and events through Oral Evidence, with important 
exceptions.
Key limitation: Contents of documents and electronic 
recordings cannot be proven solely through spoken 
testimony.
Practical Example
In a traffic accident case:
Oral Evidence: Eyewitness accounts of the accident
Documentary Evidence: Police accident report
Both types work together to establish the complete 
factual picture for the court.
Section 60 - Oral Evidence Must 
Be Direct
Primary Rule of Evidence Acceptance
Section 60 establishes the foundational principle for accepting evidence in court, 
emphasizing the necessity for direct evidence.
Essence of Direct Evidence
The term 'direct' is pivotal, explicitly excluding any form of hearsay evidence. All 
oral testimonies must meet the criterion of directness.
Exclusion of Hearsay Evidence
Information received from a third party rather than the witness themselves is 
categorically disregarded under Section 60.
Requirement for Witness Testimony
Every witness must satisfy the prerequisite of directness, implying they must 
personally have perceived or experienced the events they are testifying about.
Case Law Of Oral Evidence
Amar Singh v.s Chhaju Singh and another
The court linked Section 50 and 60 of the Indian Evidence Act, 
emphasizing that evidence must fulfill two criteria to be complete: 
the presence of relevant facts and direct testimony from a 
witness who has firsthand knowledge of those facts.
State v. Rajal Anand
The court clarified that Section 60 specifically mentions "direct" 
evidence, excluding hearsay testimony. However, an exception 
known as the doctrine of Res-gestae allows a witness to testify 
about a series of relevant events, even if they did not witness the 
crime directly.