DISTINCTION BETWEEN ORAL AND DOCUMENTARY EVIDENCE

In any scenario, evidence is presented to show or disprove a fact. Evidence is a ‘means’ of obtaining proof. Proof is a method for determining if something is true or false in terms of facts. Proof allows a rational person to reach a conclusion.

Any truth that persuades the mind of the existence or non-existence of another fact is referred to as evidence. Oral evidence refers to witness testimony, while documented evidence refers to the documents and electronic recordings presented to the Court.

Only the instruments through which relevant facts are presented before the court are referred to as evidence. For this purpose, the instruments adopted are witnesses and documents.

Everything that is utilised to determine or demonstrate the truth of a claim is included. Giving or obtaining evidence is the act of relying on things that are either assumed to be true or have been demonstrated to be true through evidence. Evidence can be classified into two types based on this definition: oral and documentary.

ORAL EVIDENCE

It refers to remarks made by a witness in front of a court in respect to a factual issue under investigation. Oral evidence is evidence that is limited to the words uttered orally. Thus, oral evidence is evidence that is presented to the court orally.

Oral evidence refers to all remarks that witnesses are required or permitted to make before the Court in regard to the facts under investigation. A witness’s statement is known as oral evidence.

The provisions of oral testimony are covered in Chapter IV of the Indian Evidence Act of 1872. Other than that, numerous portions of the India Evidence Act deal with oral evidence, such as section 22 and 22A, which deals with oral admissions, and chapter 6 of the Indian Evidence Act, which deals with the exclusion of oral evidence by documentary evidence.

Oral evidence is used to prove facts in Section 59. It states that oral evidence can be used to prove any facts except the contents of documents and electronic documents. Section 60 of the Indian Testimony Act, 1872, specifies the circumstances under which oral evidence may be provided. Oral testimony, according to section 60 of the Evidence Act, should be direct, that is, it should not be hearsay. As a general rule, hearsay testimony is not accepted in Indian evidence law.

DOCUMENTARY EVIDENCE

When a document is produced in court to support the case of the party that provided it, the document becomes the case’s documentary evidence. All electronic evidence created for the court’s scrutiny is incorporated in the document, making it documentary evidence as well.

Only when a document is produced for the court’s examination is it considered evidence. The Indian Evidence Act, 1872, deals with documentary evidence in Chapter 5, Sections 61 to 90A. Sections 61 to 73A cover broad principles for proving documentary evidence in various circumstances, sections 74 to 78 cover public papers, and sections 79 to 90-A cover presumptions about documents.

According to Section 61, the contents of a document can be proven using either primary or secondary evidence. Additionally, Sections 62 and 63 define primary and secondary evidence, respectively.

REFERENCES

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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