June 28, 2023
symbolizing the legal focus

The term evidence is defined under section 3 of the Indian Evidence Act and which states that any statement given before the court verbally shall be oral evidence and any document produced before the court for its inspection shall be documentary evidence. Documentary evidence also includes electronic records for example things saved in a pen drive, computer, laptop, chats on WhatsApp etc all are documentary evidence. And these further terms in phrases like primary, secondary, circumstantial, or direct evidence
It is simple and clear to understand the definition of evidence but there one question arises that does this definition is exhaustive or inclusive? means only and only oral and documentary evidence will be taken as evidence or if any of the categories is left then that can be added later? The same issue was issued in Hardeep Singh vs State of Punjab (2014 SC)
Well if we see the definition of evidence it starts with the term “includes” which means the definition is inclusive and one of the aspects is left in the definition i.e if anything is adduced as evidence in the form of material or object where it will go i.e in the category of oral evidence or documentary evidence. Like, for example, a crime weapon (knife, pistol) produced as evidence will it be oral evidence or documentary evidence?
As we have seen the definition of evidence given under section 3 of the Indian evidence act is inclusive in nature so the evidence which is in object form shall be included in the said definition as oral evidence.

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