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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Meaning and Nature of Evidence
Meaning of Evidence
The word “evidence” is derived from the Latin term Evidera, which means to discover clearly, ascertain, or prove the facts in question. James Fitz James Stephen defined evidence as “the application of the practical experience of courts to inquire into the truth.”
In legal terminology, evidence signifies the means through which relevant facts are brought before the court. The primary instruments used for this purpose are witnesses and documents. Under the Bharatiya Sakshya Adhiniyam, evidence is broadly divided into oral evidence and documentary evidence.
Oral Evidence
Oral evidence refers to statements made by witnesses before the court regarding matters under inquiry. Such statements may also be given electronically. Therefore, statements made through electronic means are also treated as oral evidence.
This provision is connected with Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which permits examination of complainants and witnesses through electronic communication or audio-video electronic means.
Thus, oral evidence includes all statements made before the court, whether physically or electronically.
Documentary Evidence
Documentary evidence refers to documents produced before the court for inspection in support of a case. Under the BSA, electronic and digital records are also included within the definition of documents and are therefore treated as documentary evidence.
A document becomes evidence only when it is produced before the court for inspection. For example, a document voluntarily submitted by a party becomes documentary evidence. However, a handwriting sample obtained from an accused merely for comparison does not become evidence because it is not produced as a document for court inspection.
Deficiency in the Definition of Evidence
The statutory definition of evidence has often been criticized as incomplete because it includes only witness statements and documents. It does not expressly cover several important matters upon which judicial decisions may rest.
The definition excludes matters such as:
Answer to the Criticism
The criticism is answered through the definition of the term “proved.” The BSA uses the broader expression “matters before it” instead of restricting itself to “evidence.” The term “matter” is wider and includes all materials that the court may properly consider.
In Alia Rai and Others v. Jhingur Tewari, the court observed that the legislature intentionally avoided using the word “evidence” in the definition of proved and instead used the broader term “matter before it.” This allowed courts to consider personal observations and other relevant materials while deciding cases.
Thus, although the statutory definition of evidence appears limited, it is supplemented by the wider concept of “matters before the court.”
Exhaustive Nature of the Definition
The Supreme Court has described the definition of evidence as exhaustive because every kind of evidence can ultimately be classified either as oral evidence or documentary evidence.
Although terms such as best evidence, hearsay evidence, primary evidence, secondary evidence, real evidence, and circumstantial evidence are not expressly mentioned in the definition, they can still be accommodated within oral or documentary evidence.
For example:
Conclusion
Evidence under the Bharatiya Sakshya Adhiniyam refers to the means through which relevant facts are brought before the court. It mainly consists of oral evidence and documentary evidence, including electronic and digital records. Although the statutory definition has been criticized for being incomplete, the broader expression “matters before the court” fills this gap. Ultimately, every form of evidence can be reduced to either oral or documentary evidence, making the definition practically comprehensive and exhaustive.
Meaning of Evidence
The word “evidence” is derived from the Latin term Evidera, which means to discover clearly, ascertain, or prove the facts in question. James Fitz James Stephen defined evidence as “the application of the practical experience of courts to inquire into the truth.”
In legal terminology, evidence signifies the means through which relevant facts are brought before the court. The primary instruments used for this purpose are witnesses and documents. Under the Bharatiya Sakshya Adhiniyam, evidence is broadly divided into oral evidence and documentary evidence.
Oral Evidence
Oral evidence refers to statements made by witnesses before the court regarding matters under inquiry. Such statements may also be given electronically. Therefore, statements made through electronic means are also treated as oral evidence.
This provision is connected with Section 530 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which permits examination of complainants and witnesses through electronic communication or audio-video electronic means.
Thus, oral evidence includes all statements made before the court, whether physically or electronically.
Documentary Evidence
Documentary evidence refers to documents produced before the court for inspection in support of a case. Under the BSA, electronic and digital records are also included within the definition of documents and are therefore treated as documentary evidence.
A document becomes evidence only when it is produced before the court for inspection. For example, a document voluntarily submitted by a party becomes documentary evidence. However, a handwriting sample obtained from an accused merely for comparison does not become evidence because it is not produced as a document for court inspection.
Deficiency in the Definition of Evidence
The statutory definition of evidence has often been criticized as incomplete because it includes only witness statements and documents. It does not expressly cover several important matters upon which judicial decisions may rest.
The definition excludes matters such as:
- Statements and admissions of parties
- Conduct and demeanor of witnesses
- Personal observations and knowledge of the judge
- Local inspections conducted by courts
- Facts of which courts take judicial notice
- Presumptions drawn by courts
Answer to the Criticism
The criticism is answered through the definition of the term “proved.” The BSA uses the broader expression “matters before it” instead of restricting itself to “evidence.” The term “matter” is wider and includes all materials that the court may properly consider.
In Alia Rai and Others v. Jhingur Tewari, the court observed that the legislature intentionally avoided using the word “evidence” in the definition of proved and instead used the broader term “matter before it.” This allowed courts to consider personal observations and other relevant materials while deciding cases.
Thus, although the statutory definition of evidence appears limited, it is supplemented by the wider concept of “matters before the court.”
Exhaustive Nature of the Definition
The Supreme Court has described the definition of evidence as exhaustive because every kind of evidence can ultimately be classified either as oral evidence or documentary evidence.
Although terms such as best evidence, hearsay evidence, primary evidence, secondary evidence, real evidence, and circumstantial evidence are not expressly mentioned in the definition, they can still be accommodated within oral or documentary evidence.
For example:
- An oral admission becomes oral evidence when testified to by a witness.
- A written admission becomes documentary evidence.
- A confession recorded and signed before the court becomes documentary evidence.
- Physical objects such as blood-stained clothes, weapons, and photographs may also be treated as documentary evidence because they permanently record facts connected with the case.
Conclusion
Evidence under the Bharatiya Sakshya Adhiniyam refers to the means through which relevant facts are brought before the court. It mainly consists of oral evidence and documentary evidence, including electronic and digital records. Although the statutory definition has been criticized for being incomplete, the broader expression “matters before the court” fills this gap. Ultimately, every form of evidence can be reduced to either oral or documentary evidence, making the definition practically comprehensive and exhaustive.
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