Defining Evidence
The Bengali term *shakkho* (evidence) originates from the Sanskrit *sakshi*, meaning "witness" or "one who proves." The English word "evidence" derives from the Latin *evidere*—a compound of *e* (out) and *videre* (to see)—collectively meaning "to see clearly" or "to make manifest." This etymological root aligns with the contemporary legal understanding: evidence is any statement or information presented to demonstrate the veracity of a fact or matter in contention. In jurisprudence, evidence constitutes any information that provides a precise understanding of the existence, non-existence, probability, or characteristics of a fact in issue. Put simply, it is the testimony or documentation submitted to a court to prove or disprove a fact or relevant issue.
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Although the Evidence Act, 1872 of Bangladesh does not provide an exhaustive definition of evidence, Section 3 delineates three distinct categories: oral evidence, documentary evidence, and physical or forensic evidence. Ultimately, evidence functions as the bedrock of a claim, consisting of statements, documents, or material objects presented to the court to validate or invalidate the points of contention.Classifications of Evidence
Under the Evidence Act, 1872, evidence is primarily categorized into oral, documentary, and physical/forensic. However, scholars and legal practitioners often expand this taxonomy to include further distinctions. Based on statutory provisions and juristic opinion, the classifications are as follows:- Direct and Circumstantial evidence;
- Primary and Secondary evidence;
- Oral, Documentary, and Physical/Forensic evidence;
- Original and Hearsay evidence.
Direct and Circumstantial Evidence
Direct Evidence
Direct evidence refers to statements or documents that provide an immediate and incontrovertible support for the existence or non-existence of a fact in issue. For instance, if 'A' is accused of killing 'B', and 'C' witnessed the act, 'C’s' testimony is direct evidence. It remains the most potent form of proof. However, its value is inextricably linked to the witness's credibility; should providing testimony become a witness's primary "profession," its probative value is rightfully subject to skepticism.What is Law? What are the different types of law?
Circumstantial Evidence
Circumstantial evidence consists of a collection of facts and surrounding circumstances that, while not directly witnessing the act, connect to the primary issue. Conclusions are drawn based on the nature of the surroundings. For example, if 'C' heard a gunshot and 'B's' cry, then found a gun belonging to 'A' at the scene, 'C's' account constitutes circumstantial evidence. As the adage goes, "Witnesses may lie, but circumstances do not."Primary and Secondary Evidence
Primary Evidence
Primary evidence is that which is obtained directly from the source or an eyewitness. It is the most foundational form of evidence. Where primary evidence exists, the law generally requires it to be produced. This typically includes the original document or the testimony of a direct witness. Under Bangladeshi law, it is considered the most admissible form of proof.
Secondary Evidence
Secondary evidence is derivative. It is not obtained from the direct source but is based upon primary evidence. An example would be the testimony of a person relaying what they heard from an eyewitness, or a certified copy of an original document. It is often referred to as "second-tier" evidence.Oral, Documentary, and Physical or Forensic Evidence
Oral Evidence
Per Section 3 of the Evidence Act, 1872, oral evidence consists of all statements which the court permits or requires to be made before it by witnesses regarding matters under inquiry. Examples include a person’s testimony regarding the signing of a contract or a merchant’s statement about a financial transaction.What is Judicial Review? How does it shape the Law and Society?
Oral evidence must be presented in person, under oath or affirmation. Its utility relies entirely on the veracity of the witness.Documentary Evidence
Under the Evidence Act, 1872, documentary evidence encompasses all documents produced for the inspection of the court. A document is any written record or description used to prove a fact. Examples include original contracts, bills, or land deeds. While essential, in many legal contexts, it is weighed differently than direct oral testimony depending on the case's circumstances.Physical or Forensic Evidence
Added in the latest amendment of the Evidence Act, 1872, this includes blood, semen, hair, DNA, fingerprints, iris scans, and footprints—any physical material that can establish whether a crime was committed or link a suspect to the crime scene or victim.Original and Hearsay Evidence
Original Evidence
This refers to testimony or documents that are legally admissible because they represent the source information, uncorrupted by duplication or modification. It is the most reliable form of evidence. It can be material (e.g., a murder weapon) or immaterial (e.g., a video recording). If a witness testifies to what they personally heard, felt, or saw, that constitutes original evidence.How far Freedom of Expression is appropriate?