The law of evidence is a procedural law,i.e it neither abridges or gives any right, it is lexfori. The Evidence act permits that evidence can only be tendered for the-: 

1. Facts in Issue

2. Relevant Facts

There can be two types of Evidence which can be tendered.

1. Oral Evidence

2. Documentary Evidence(Includes Electronic records)

The Evidence contains three states

1. Evidence which has proved a fact in issue.

2. Evidence which has been disproved and that the fact in issue is inadmissible.

3. Evidence which needs to be tendered.

Evidence in the form of Admission is a weak form of evidence which needs scrutiny.

Confessional statements to the magistrate is a strong form of evidence.

Dying Declaration to magistrate is strong evidence, whereas to police officer is a weak form of evidence.

Documentary evidence can be of two types-Primary for those whose original copies are produced, Secondary means duplicate copies of the documents.

Admission serves as an Estoppel and act as substantive evidence.

For a judge arriving at a decision considers Facts in issues, Relevant facts, Facts which are proved,Strong and weak admissions and all the Cross examination statements as well examination in chief statements to arrive at a conclusion.

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997