Oral and Documentary Evidence | Civil Law for Judiciary Exams PDF Download

Evidence and Its Types

Evidence constitutes a crucial part of legal proceedings, comprising a reliable and pertinent collection of information that can either establish or disprove a specific matter. In the legal context, evidence is categorized into two main types: Oral and Documentary Evidence.

Oral Evidence Explained

• Oral Evidence encompasses verbal statements, gestures, or observed actions that a witness has directly perceived or heard. Its primary purpose is to directly establish key facts relevant to the case. 
• As per Section 3 of the Evidence Act, any statement made by a witness in court regarding matters under investigation constitutes Oral Evidence. This includes all testimonies admitted in court by witnesses.

Oral versus Documentary Evidence

• While Section 59 of the Evidence Act permits the demonstration of all facts and events, excluding document contents and electronic recordings, through Oral Evidence, it is essential to note that the contents of documents and electronic recordings cannot be proven solely through spoken testimony.
• For instance, in a court case involving a traffic accident, Oral Evidence could include eyewitness accounts of the event, while Documentary Evidence might consist of the accident report filed by the police.

Section 60 - Oral Evidence Must Be Direct

• Primary Rule of Evidence Acceptance: Section 60 of the Indian Evidence Act establishes the foundational principle for accepting evidence in court, emphasizing the necessity for direct evidence that adheres to the stipulations outlined within this section.
• Essence of Direct Evidence: The term 'direct' is pivotal within this section, explicitly excluding any form of hearsay evidence. This mandates that all oral testimonies presented in court must meet the criterion of directness without any deviation.
• Exclusion of Hearsay Evidence: Hearsay evidence, which refers to information received from a third party rather than the witness themselves, is categorically disregarded under Section 60. This ensures that the evidence provided is firsthand and not based on indirect sources.
• Requirement for Witness Testimony: Every witness called upon to offer oral evidence is obligated to satisfy the prerequisite of directness, implying that 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: In the case of Amar Singh v. Chhaju Singh and Another, the court linked Section 50 and 60 of the Indian Evidence Act. It emphasized 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: In the case of State v. Rajal Anand, the court clarified that Section 60 of the Indian Evidence Act 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. This testimony is considered valid under certain circumstances.

Understanding Documentary Evidence

• Definition of Documentary Evidence: Documentary evidence entails the presentation of any physical or digital document in a court setting to substantiate or establish a fact. This practice is governed by Chapter 5 of the Indian Evidence Act, encompassing Sections 61 to 90A.
• Key Sections of the Indian Evidence Act: The Indian Evidence Act delineates comprehensive guidelines for proving documentary evidence across various scenarios. Notably, Sections 61 to 66 offer insights into methods for establishing the contents of a document.

Types of Documentary Evidence

There are two main categories of documentary evidence: public documents and private documents.

Public Documents

• Public documents, as defined under Section 74 of the Evidence Act, are certified copies or reproductions of entries in public registers or records related to important facts like birth certificates, marriage certificates, FIRs, and utility bills.

Private Documents

• Private documents, governed by Section 75 of the Evidence Act, encompass communications between parties involved in a legal case, such as letters, agreements, and emails.
• Courts generally exhibit a higher level of acceptance towards public documents compared to private documents, primarily due to the lower risk of tampering.
• Public documents can be easily validated by tracing their origins back to reliable sources if necessary.

Primary Evidence

Primary evidence, as per Section 62 of the Indian Evidence Act of 1872, is the most reliable type of evidence that offers the highest level of certainty regarding a particular fact. It is often referred to as the best or highest evidence available. The original document itself, if accessible, should be presented in its original form to authenticate the terms of a transaction documented in writing. Section 64 mandates that documents should primarily be proven by their original form. However, Section 65 allows for supplementary evidence to be utilized in specific circumstances.

Primary evidence typically consists of the original document submitted for examination in court. Section 62 further elaborates on unique scenarios:

• In situations where a document is executed in parts, each segment of the document serves as its primary proof.
• When a document is signed in counterparts, each counterpart acts as the primary evidence against the parties who have signed it.

According to an alternative interpretation of Section 62, each document created through a consistent method serves as the primary evidence for the information contained in the others. Nonetheless, when multiple documents are derived from an original document using the same process, the primary evidence for the remaining copies is utilized.

Secondary Evidence

• Secondary evidence, according to Section 63 of the Indian Evidence Act of 1872, refers to evidence that is distinct from primary evidence.
• Certified copies of documents are considered secondary evidence. These are copies that have been verified as accurate representations of the original documents.
• Mechanically produced copies, along with copies produced directly from the original document or compared to it, fall under the category of secondary evidence.
• Documents that have been countersigned by individuals who did not initially sign them are also classified as secondary evidence.
• Oral descriptions of a document's contents provided by a reliable source who has personally viewed the document are accepted as secondary evidence. This person must have read the document to provide an accurate account.

Validity of Different Types of Secondary Evidence

• Mechanically produced copies and copies that have been compared to the original document are admissible as secondary evidence.
• However, it's important to note that a "copy of a copy" is generally not considered admissible as secondary evidence.

Secondary evidence plays a crucial role in legal proceedings by allowing for the presentation of information that may not be available in its original form. It serves as a means to substantiate claims and provide additional clarity in situations where primary evidence is unavailable or insufficient.

Cases on Documentary Evidence

• Amitabh Bagchi v. Ena Bagchi: In this instance, the court permitted the recording of the husband's statements via video conferencing with standard precautions in place. It was established that using electronic means for witness statements is acceptable in legal proceedings.
• State (NCT of Delhi) v. Navjot Sindhu: The accused faced conviction under various legal provisions, including IPC and POTA, with call records from the accused's phone serving as the primary evidence in court. The court clarified that cellular phone records are considered secondary evidence, with the primary evidence being the records maintained by telecom servers. Despite non-compliance with section 65B (4) certification requirements, the court allowed the evidence under sections 63 and 65 of the Indian Evidence Act.
• Anvar P.V. v. P.K. Basheer: In this case, the court mandated certification for evidence, emphasizing compliance with section 65B as a specific requirement. This decision marked a departure from past practices where certification was not consistently enforced.

Distinction between Oral and Documentary Evidence

• Definition:
  • Oral evidence pertains to the testimony provided by a witness in court concerning factual matters under investigation.
  • Documentary evidence involves evidence presented to the court in the form of a document.
• Scope:
  • Oral evidence is regulated by sections 59 and 60 of the Indian Evidence Act.
  • Documentary evidence is governed by sections 61 to 66 of the Indian Evidence Act.
• Form:
  • Oral evidence must be explicit and must align with any previous statements provided.
  • Documentary evidence needs to be supported by primary or secondary evidence.
• Submission:
  • Oral evidence is presented through voice, speech, or symbols and is officially recorded in court.
  • Documentary evidence is demonstrated through documents containing words, signs, letters, figures, and remarks.
• Importance:
  • Documentary evidence is often deemed more reliable and credible than oral evidence because of its permanence and the ability to validate its authenticity.
  • In numerous instances, the presence of documentary evidence eliminates the necessity for oral evidence. However, oral evidence might still be essential in certain scenarios.

Conclusion

• In conclusion, both oral and documentary evidence hold significant roles in legal proceedings, each with its distinct characteristics, advantages, and limitations. Oral evidence relies on statements made verbally by witnesses in court, introducing a subjective element that can be prone to errors. On the other hand, documentary evidence is based on written records or physical objects, providing a more reliable and permanent form of evidence.
• While oral evidence may offer firsthand accounts and emotions, documentary evidence often carries the weight of objectivity and tangibility. The admissibility and weight of evidence, however, depend on the court's assessment of the facts in each case and adherence to the rules of evidence. The legal system considers the merits of both forms of evidence, seeking a balanced and fair approach to determine the facts in legal proceedings.