evidence

Section 2(1)(e) BSA (old s.3 Evidence Act) defines evidence as (i) oral evidence: all statements, including statements given electronically, which the court permits or requires witnesses to make in relation to matters of fact under inquiry; and (ii) documentary evidence: all documents, including electronic or digital records, produced for the inspection of the court. Evidence may be given only of facts in issue and relevant facts (s.3 BSA, old s.5).

Students confuse evidence with proof. Evidence is the material; a fact is “proved” when, after considering the matters before it, the court believes it to exist or considers its existence so probable that a prudent man ought to act on that supposition. Material objects and the accused's statement are not evidence under the definition, though the court may consider them.

Example

The chargesheet is not evidence; the facts in it must be proved through witnesses and documents under the BSA.

In Indian law

• Section 2(1)(e) BSA (old s.3 Evidence Act)
• Bharatiya Sakshya Adhiniyam, 2023 (in force from 1 July 2024)

See also

direct evidence · documentary evidence · expert opinion · electronic record

Read more in the study notes

• Classification of administrative action (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Audi alteram partem: the right to a fair hearing (Administrative Law)
• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)