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ASSIGNMENT

“KINDS OF EVIDENCE”
1. Introduction:
Evidence of Evidential facts are adduced by the Court in order to prove the facts in issue.
It is the probative force of these evidential facts, which prove the principal facts.
Evidence is the most important stage of litigation, where the parties has to prove their
assertions and it helps the Court in determining and ascertaining the truth of the facts.

2. Definition Of Evidence:
I. According To Salmond:
“Evidence may be defined as any fact which possesses probative force.”
(i) Meaning of Probative force:
A probative force means the quality by virtue of which the Court presumed that one fact
is evidence of another fact.

II. According To Philipson:


“Evidence, as the term is used in judicial proceedings means the facts testimony and
documents which may be legally received in other to prove or disprove the fact under
enquiry.”

Kinds Of Evidence:
Following are the different kinds of evidence.
Judicial Or Extra-Judicial Evidence:

(i)Judicial Evidence:
Judicial evidence is that which is produced before the Court. It consists of all facts
which are actually brought to the knowledge and observation of the Court. It may be
either oral testimony, documents material, produced before the Court.

(ii) Extra-Judicial Evidence:


Extra-Judicial evidence is that which does not come directly under judicial cognizance
and it includes all evidential facts which known to the Court only by way of inference
form some form of judicial evidence.
Example:
If a document is actually produced before the Court, it is judicial evidence. If it is
known to the Court only through a copy or report of the witnesses who has heard it,
it is extra-judicial evidence.

Personal Or Real Evidence:

(i)Personal Evidence:
Personal evidence is the testimony of witness. It may be either oral or written and
judicial or extra-judicial.

(ii) Real Evidence:


Anything which is believed for any other reason than that someone has said so, is
believed on real evidence.

According to Bentham:
“Real evidence denotes all evidence of which any object belonging to the class of
things as the source, person being included in respect of such properties as belong to
them in common with things.”

Primary And Secondary Evidence:

(i) Primary Evidence:


Primary evidence is the immediate evidence of the principal fact. A document is the
primary evidence of its contents.

(ii) Secondary Evidence:


Secondary evidence is evidence which may be given under circumstances in the
absence of that better evidence which the law requires to be given first. If may be in
the form of a report or an oral account of the original evidence or a copy of a
document.

Direct Or Circumstantial Evidence:

(i) Direct Evidence:


Direct evidence is testimony relating immediately to the principal fact. It is a
evidence of a fact perceived by witness with his own senses.

(ii) Circumstantial evidence:


Circumstantial evidence is that evidence which relates to a series of facts others than
the fact-in-issue, but which are closely connected with that in such a way that it
leads to some definite conclusion. It is more important in criminal law, because its
very rare that direct evidence may be found in criminal law.
Example:
If ‘A’ says that he saw ‘B’ committing the murder, the evidence of ‘A’ is direct
evidence but if he says that he saw ‘B’ leaving the place where the murder was
committed the evidence of ‘A’ is circumstantial evidence.

Original And Hearsay Evidence:


(i)Original Evidence
Original evidence is that which possesses an independent probative force of its own
i.e., witness states want he has seen or heard with his own eyes or ears.

(ii) Hearsay evidence:


Hearsay evidence is not based on the personal knowledge of the witnesses. He
makes the statement on the basis of the statement of another person. As a general
rule, it is inadmissible in evidence but is this general rule there are also some
exception. In Pakistan, Article 71 of Q.S.O provides the general rule that hearsay is
on evidence.

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