Classification of Evidence
Evidence is one of the key factors in a case but all the materials do not carry the same value as others. therefore the classification of evidence must be carefully noted and applied appropriately when necessary as per their best use.
Basically according to evidence act ‘Evidence’ can be divided into two class:
1. Oral evidence
2. Documentary evidence.
Though there is no specific statutory classification, there are several classifications are adopted by different writers and scholars. mainly,
1. Direct or indirect evidence which is also known as circumstantial evidence;
2. Real or personal; and
3. Original or unoriginal
4. Oral or documentary evidence; and
5. Primary or secondary evidence.
Direct evidence is those evidence who are evidence of precise point in issue,
For Example, B is charged with the offence of murder. A said before the court that he saw B killed C with a knife. Now, here, in this case, the main point in issue is whether B killed C or not. and by A’s answer, we get the answer of the issue and it is directly related and make the fact clear. this is oral direct evidence it also might be written direct evidence if A present to the court by and written document.
Circumstantial evidence is the evidence of collateral facts ad circumstance for which a reasonable conclusion about the question of issue must be drown which is always based on experience and thereby a relation is established between known and proved facts and the facts should be proved.
For Example, a woman was charged with the murder of a seven years old girl near village Nala, here no one has seen her kill the girl but the following facts came out after taking evidence such as;
- 1. That about an hour before the sunset the accused was seen going with the deceased in the direction of the scene of occurrence;
- 2. She returned home alone
- 3. That the cloth she was wearing was found to be stained with human blood
- 4. That two gold Naulls which was found in her house was the victims Naulls
- Any of this does not prove the women guilty but this prove the connection with the fact and circumstances and fact in issue. so they can be taken as evidence which would be Circumstantial Evidence.