IPC Section 45
IPC Section 45 – “Definition of ‘Evidence’”
What does Section 45 say?
Section 45 defines the term “evidence” for the purposes of the Indian Penal Code.
It states:
“The term ‘evidence’ includes—
(1) All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence; and
(2) All documents including electronic records produced for the inspection of the court, such documents are called documentary evidence.”
Explanation in Detail:
Two Types of Evidence:
Oral Evidence:
These are the spoken statements made by witnesses in court.
Witnesses testify about facts they know, have seen, or heard.
This is usually given during trial or examination-in-chief and cross-examination.
Documentary Evidence:
These are documents or electronic records presented before the court.
Includes contracts, letters, photographs, digital data, official records, and other written or recorded material.
The court inspects these to understand the facts.
Broad Meaning of Evidence:
The term “evidence” is broad and covers anything presented before the court to prove or disprove facts in a case.
It is not limited to oral testimony but includes any material the court accepts to establish facts.
Importance of Defining Evidence:
To clarify what kinds of information the court can consider while deciding a case.
Helps in distinguishing between evidence and other materials not allowed in court.
Guides judges and lawyers on admissibility and presentation of evidence.
Why is Section 45 Important?
It lays the foundation for the entire trial process by defining what counts as evidence.
Distinguishes between spoken word (oral) and documents (documentary), which often require different rules for admissibility and evaluation.
Supports the legal principle that a court’s decision should be based on properly presented and accepted evidence.
In simpler terms:
When the court talks about “evidence,” it means everything witnesses say in court (oral evidence) plus all the documents or electronic things shown to the court (documentary evidence).
Summary:
| Aspect | Details |
|---|---|
| Meaning of Evidence | Includes oral and documentary evidence |
| Oral Evidence | Statements made by witnesses in court |
| Documentary Evidence | Documents or electronic records presented in court |
| Role | To prove or disprove facts during trial |
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