Evidence is any fact, sign etc that are used to prove or disprove something, ground of belief.
Is evidence is substantive or procedural
Evidence as substantive
As per the section 3 of Bhartiya sakshya adhiniyam, 2023 and section 5 of Indian evidence act 1872. According to Bare Act definition edvidence may be of facts in issue and relevant facts.
Means the section 3 BSA 2023 is talking about Enabling and restricting, therefore it is substantive nature as it gives subject.
Evidence as procedural
It also act as procedural law as according to section 142 of BSA 2023 that is talk about the examination of the witness
- The examination of a witness by the party who calls him shall be called his examination-in-chief.
- Means which ever party called their witness is called as examination in chief, and made their witness credibility.
- The examination of witness by the adverse party shall be called his cross- examination.
- The party who question the witness and try to end the credibility of the witness by cross examination.
Therefore it can be said that the evidence act, nature is both substantive and procedural. Though it is fundamentally a procedural law but in certain, it also act as substantive law as well.
Basic principle of evidence
The following are the basic principle of the evidence which are essential to any of the evidence which are presented or submitted on the trial of any case either it is civil or criminial.
Relevancy of the fact, Mode of proof, production and effect of evidence.
fact section 2(f) of BSA 2023
The existence of the situation of cirumstance, which can be sense or touched means the perceived of the subject it can be physical and mental.
Physical fact
Existence of any thing that can be perceived by the senses.
Manifestation——>Express—> any caught is physical fact.
Provocation act is both physical and mental and provocation is mental, bundle of physical and mental fact = fact which may be relevant or irrelevant.
Example: A killed B (meu’s rea, actus rea and so many other fact related which may be relevant or irrelevant. are in the form of physical and mental fact are involved.
Mental fact
The mental things which are perceptible by the human being known by external manifestation things of which are conscious off.(aware off).
Thing which lays in subconcious mind is not fact such as dream, it’s afact that should be aware off.
What is fact-in- issue section 2(g) of BSA 2023
Example: A man has a certain reputation is can be the fact when it is consious by other, because isolation of the fact can be the fact of issue in connection existence and non- existence , both can be fact in issue, itself or connected, nature of the act/ gravity, right and liability, disability asserted or denid in any suit or proceding.
Issue of fact
Issue of fact is a interrogative sentence regarding the existence of fact, where as fact-in- issue is assertive form of the same issue of fact.
Relevancy of facts
As per section 2 (k) of the BSA 2023 and evidence act 1872 section 3 that a fact will be relevant only if it is connected with same fact that is connected with fact-in-issue or the relevant fact in a suit or proceding in one of the manner provided under this act.
The various relevant fact in themself one found to be relevant in various section of BSA 2023 and they have to be proved by evidence that is documentry / oral. The relevant fact one’s proved will themselve became evidence for fact-in-issue and therefore it can said that the relevant fact one evidencially fact or circumstancial evidence to proof or disproof the existence or non-exientence of the fact-in-issue.
The relevacny is subjective concept and fact cannot be relevant in isolation, since a various legal connection to establish relevancy that is provided in this section 2 of BSA 2023.
Logical relevancy
The basis of legal relevancy is logical relevancy because legal relevancy is based on logical points, means whenever a particular suit and proceding take place there are some facts which are main fact and some fact may be associated with it, the connection can be logical one to another to its main fact.
Example: A murdered B, here B relative or family member suied A for their right establisment and A held liable, here both the parties present their evidence respectively for establisment of right and liablity.
All the fact that are presented by the parties must be as evidence must be legal and logical it means all legal fact can be the logical fact but all logical fact can not be legal fact.
Legal relevancy and logical relevancy are both two are overlapping to each other with respected suit and proceding.
What is Proof ? and How it is different from evidence ?
Proof
The proof is a broader concept and wider in the scope as everything which is legal document / oral may be submitted or presented in the trial as in form of evidence to that subject of the matter related to the case connection can be called as the proof as we also called that (bundle) collections of all evidence which are presented to satisfied to court either it is relevant or irrelevant to the subject to that connection in the trial case in the court.
Evidence
The evidence is narrow term as comparison to proof it act in a particular presentation of legal document / oral as the circumstance of the trial which is of the particular subject to that trial case and must be satisfied by the court.