Documentary evidence:

Documentary evidence: Documentary evidence is defined as follows in Section 3 of the Indian Evidence Act: Documentary evidence is any material that is brought before the court to be examined, verified, or displayed. Electronic records submitted to the court are also covered by this definition. Documentary evidence is covered in Chapter 5 of the Indian Evidence Act. This section includes Sections 61 through 90A. The general guidelines for proving documentary evidence in various contexts are covered in Sections 61 to 73A of the Act. In particular, Sections 61–66 of the Act address how the contents of a document are to be proven. Three sections can be made out of the content of documentary evidence:

b) How the record is to be proved to be authentic?

c) How far and in what instance oral evidence is excluded by documentary evidence?

Sections 74 to 78 deal with public documents and Section 79 to 90-A deal with presumptions as to documents

There is an ancient Roman proverb that is “Vox Audita Perit, Littera Scripta Manet” which means that Spoken Word will Vanish, but the Written Word Remains. Hence the law of evidence recognises the superiority and credibility of documentary evidence as against oral evidence. There are two kinds of documentary evidence:

Public Documents (Section 74)

A certified copy issued by an authority or a reproduction of an entry from a book, record, or public register pertaining to pertinent facts are considered public documents. Public documents include things like birth and marriage certificates, utility bills for public utilities, police station complaints, and more.

Private Documents (Section 75)

Private documents are correspondence between opposing parties in a legal dispute, such as letters, agreements, emails, etc. Because there is a lower assumption that public documents can be tampered with, courts typically favor accepting public documents over private ones. Public documents can also be verified, if needed, by following their provenance to a trustworthy source.

Section 61 provides that the contents in documentary evidence can be proved by

a) Primary Evidence (Section 62)

These are the “original documents” that are produced in the court for inspection. There are 2 special circumstances explained under this section:

1. When a document is executed in parts. In such cases, each part is the primary evidence of the document.

2. Where several documents are made by one uniform process such as printing, lithography or photography, each is the primary evidence for the contents of the rest.

b) Secondary Evidence (Section 63)

Section 63 of the Act provides Secondary Evidence.

Secondary evidence means and includes:

1.Certified copies.

2.Copies made from the original using a mechanical process while ensuring the accuracy of the copy.

3.Copies made from and compared with the original.

4.Oral accounts of the contents of a document given by some person who has seen it.

When the contents of a document are to be verified by oral evidence then such document becomes secondary evidence

Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony . The following are some types of documentary evidence that can be used to prove a case ²:

1. Official documents: These include powers of attorney, birth and marriage certificates, grants of probate, land certificates, and contracts.
2. Witness statements: These are written statements made by witnesses who have knowledge of the facts of the case.
3. Photographs and videos: These can be used to provide visual evidence of the events in question.
4. Correspondence: This includes letters, emails, and other written communications.
5. Notes of meetings: These can be used to provide evidence of what was discussed and agreed upon during a meeting.
6. Medical reports: These can be used to provide evidence of injuries or medical conditions.
7. Reports by other experts: These can be used to provide expert opinions on technical or scientific matters.
8. Ledgers and books: These can be used to provide evidence of financial transactions.
9. Video or audio recordings: These can be used to provide evidence of conversations or events.
10. Photos or screenshot images: These can be used to provide visual evidence of digital communications.
11. Physical copies or computer printouts of documents, files, records, messages, or emails: These can be used to provide evidence of digital communications or other records.
12. Writings on paper: These include invoices, contracts, or wills.
13. Photographs: These can be used to provide visual evidence of events or conditions.
14. Tape recordings: These can be used to provide evidence of conversations or events.
15. Films: These can be used to provide visual evidence of events or conditions.
16. Printed emails: These can be used to provide evidence of digital communications.

Oral Evidence

Evidence that is restricted to spoken words, gestures, or motion is known as oral evidence. It is evidence that has been personally heard or seen by the witness. Oral evidence must always be direct or positive, which means it goes straight to establishing the main fact in the issue. Section 3 of the Evidence Act 1872 defines evidence as “All statements which the court permits or requires to be made before it by witnesses about matters of fact under inquiry; such statements are called oral evidence.” The word oral indicates something spoken or expressed by mouth, so anything which is accepted in court about the inquiry and expressed by any witnesses who are called in the trial is called oral evidence.

Oral evidence can only be given by such a witness who has heard the crime/ issue themselves. For example, A has heard the conversation of C over the phone to kill B. A will be the witness and give oral Evidence. If it refers to a fact which could be perceived by any other sense or in any other manner, by a witness.

Oral evidence can only be given by such a witness who has sensed the crime/ issue themselves. For Example, A finds the behaviour of B very odd around C who is B’s wife. Later C is found dead. If it refers to an opinion or to the grounds on which that opinion is held by the witness. It means that if a person has an opinion on an incident, it should be solely his opinion based on some grounds then only his testimony will be considered. For Example, If A thinks C is a wicked person and responsible for the incident, then C’s personal opinion shall be considered on those grounds.

Case law of Oral Evidence

Amar Singh v.s Chhaju Singh and another In this case, it was held that a relationship between section 50 and 60 of the Indian Evidence Act has been established which says that for proving evidence completely, two things shall be fulfilled firstly, there shall be a presence of relevant facts and those facts have been presented directly by the person who has either seen them, heard them, etc

There are two forms of evidence that are used in court: written and oral. Said testimony provided by a witness in court, typically under oath, is referred to as oral evidence. It comprises the testimony provided by witnesses during the main, cross-examination, and re-examination stages of the trial. The witness is required to swear or affirm under penalty of law that they will only testify truthfully. Documentary evidence, or evidence presented in the form of papers like contracts, letters, and photos, can be contrasted with oral testimony.

Contrarily, written evidence is defined as that which is provided through written means, including emails, letters, and contracts. Because written evidence offers a tangible record that can be shared, stored, and referred to, it can sometimes be more trustworthy than oral testimony. Oral evidence may be more trustworthy than written evidence, though, since written evidence is susceptible to fabrication and manipulation.

Oral testimony has less weight in court than written testimony. Because the India Evidence Act of 1872’s guiding principle, the “Best Evidence Rule,” is always required by law. Conversely, there are two categories of documentary evidence. Primary evidence is the most trustworthy type of evidence that the court will take into account. When there isn’t any primary evidence, the witnesses’ personal perceptions serve as secondary evidence. The best kind of oral evidence is direct evidence since it is verifiable. Cross-examination of the direct evidence provider is an opportunity to verify its accuracy. However, primary evidence is always the best evidence available.

DIFFERENCE BETWEEN ORAL EVIDENCE AND DOCUMENTARY EVIDENCE

BASIS	ORAL EVIDENCE	DOCUMENTARY EVIDENCE
MEANING	It is given by the witnesses in the court orally that is by mouth.	Documentary evidence that is written evidence is submitted in the court in form of hard papers, documents.
DEFINITION	It is given in section 3 of the act.	It is given in section 3 of the act.
SCOPE	It is included in section 59 and 60.	Written evidence ranges from section 61-66 of the act.
FORM	It has to be given in direct form although few exceptions are there.	It is proved through primary and secondary evidences.
SUBMISSION	It is submitted orally, signs or by gestures.	This is submitted in writing also includes electronic form.

CONCLUSION

Oral and written evidence are both reliable sources of information. However, each person’s power varies depending on the situation and the circumstances. Without a doubt, written evidence in the form of documentary evidence is stronger and more trustworthy than oral testimony. However, courts consider both of these since, in certain cases, it may not be possible to prove a fact through documentary evidence. As a result, each of these has equal weight, and how they are interpreted has opened the door to more equitable justice.