Oral and Documentary Evidence
Oral and Documentary Evidence: Detailed Explanation
1. What is Evidence?
Evidence is anything presented before a court to prove or disprove a fact in dispute. Evidence helps the court in arriving at a just decision.
The Indian Evidence Act, 1872 defines and regulates different types of evidence.
2. Oral Evidence
Oral Evidence is evidence given by witnesses verbally in the court, usually through examination-in-chief, cross-examination, and re-examination.
It consists of statements made by witnesses, describing facts they have seen, heard, or perceived.
It is mostly direct evidence but can also be circumstantial.
Section 60 of the Indian Evidence Act states: “Oral evidence must be direct.”
Key Points of Oral Evidence:
Must relate to facts within the witness's knowledge.
Witnesses must speak the truth (sworn under oath or affirmation).
Subject to credibility and reliability tests by the court.
Can be contradicted, corroborated, or impeached.
Example:
If a witness testifies about witnessing an accident, that testimony is oral evidence.
3. Documentary Evidence
Documentary Evidence is any document produced for inspection by the court to prove a fact.
It can include written documents, electronic records, contracts, letters, emails, photographs, public records, etc.
Governed by Section 61 of the Indian Evidence Act, which says that “documentary evidence must be proved by primary evidence, i.e., the original document.”
Secondary evidence (like copies) is admissible only in specific circumstances (Section 63).
Key Points of Documentary Evidence:
Must be relevant and authentic.
Requires proof of genuineness (usually by the person who made or signed the document).
Can be rebutted by evidence showing forgery or manipulation.
Includes electronic records under Section 65A & 65B.
Example:
A signed contract or a registered sale deed is documentary evidence.
4. Difference Between Oral and Documentary Evidence
| Aspect | Oral Evidence | Documentary Evidence |
|---|---|---|
| Nature | Verbal statements by witnesses | Written or recorded documents |
| Mode of Presentation | Witnesses testify in court | Documents produced and examined |
| Proof Requirement | Based on witness credibility | Requires proof of authenticity |
| Subject to Cross-Examination | Yes | Not directly cross-examined, but witnesses verifying documents can be examined |
| Risk | Subjective (memory, bias) | Can be forged or tampered with |
5. Importance in Legal Proceedings
Courts rely on both oral and documentary evidence to reach fair decisions.
Documentary evidence often holds more weight because it is less susceptible to errors than oral testimony.
However, oral evidence is crucial to explain, clarify, or support documentary evidence.
6. Key Case Laws
Oral Evidence Case Law
1. Queen-Empress v. Kallu (1893)
The court held that oral evidence must be direct and must relate to the facts that the witness has personally perceived.
Circumstantial evidence is admissible but cannot replace direct oral evidence.
2. Sharad Birdhichand Sarda v. State of Maharashtra (1984) AIR 1622
The Supreme Court laid down guidelines on the appreciation of oral evidence in sexual assault cases, emphasizing the need for credible, consistent testimony.
Documentary Evidence Case Law
1. State of U.P. v. Rajesh Gupta, AIR 2005 SC 229
It was held that secondary evidence of documents is admissible only if the original is lost or cannot be produced for valid reasons.
Authenticity of documents must be established beyond doubt.
2. Anvar P.V. v. P.K. Basheer & Ors (2014) 10 SCC 473
The Supreme Court clarified that electronic records must be proved under Sections 65A and 65B of the Evidence Act.
Without proper compliance, electronic evidence is inadmissible.
7. Rules Governing Oral and Documentary Evidence
Section 60 (Oral Evidence must be direct)
Section 61 (Proof of Documents)
Section 63 (Secondary Evidence)
Sections 65A and 65B (Electronic Evidence)
Section 91 (Exclusion of Oral Evidence to Contradict Written Documents): Oral evidence cannot be used to contradict the terms of a written document.
8. Illustrative Example
Imagine a case of a property dispute:
Documentary Evidence: The sale deed of the property.
Oral Evidence: The witness who saw the transaction or heard the agreement.
The court will primarily rely on the sale deed (documentary evidence) but also consider witness testimony (oral evidence) to resolve any ambiguities or to prove fraud or coercion.
Summary:
| Type of Evidence | Meaning | Examples | Key Characteristics |
|---|---|---|---|
| Oral Evidence | Verbal testimony of witnesses | Witness statements | Must be direct, subject to cross-exam. |
| Documentary Evidence | Documents produced in court as proof | Contracts, letters, photos | Must be authentic; primary/secondary evidence rules apply. |
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