Understanding the Term ‘Evidence’ under Section 3 of the Evidence Act, 1872: A Simplified Study Guide

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Q.1 Discuss the term ‘evidence’. 

 Ans. Section-3 of the Evidence Act, 1872 defines the term ‘evidence’ in the following way. "Evidence" means and includes-

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry: such statements are called oral evidence;

(2) all documents produced for the inspection of the Court; such documents are called documentary evidence.

(3) all materials or objects relating to blood, semen, hair, all body material, organ or part of organ, Deoxyribo Nucleic Acid (DNA), finger impression, palm impression, iris impression and foot print or any other similar material or object which may-

(i) establish that an offence has been committed or establish a link or relation between an offence and its victim or an offence and its offender; and

(ii) prove or disprove a fact:

such materials or objects are called physical or forensic evidence.

Oral evidence= oral evidence means such statements which the Court permits to be made before it by witnesses in relation to matters of fact under inquiry.

Documentary evidence= documentary evidence means such documents which are produced for the inspection of the Court.

Physical evidence or forensic evidence= Physical evidence or forensic evidence means materials or objects relating to-

¨     blood,

¨     semen,

¨     hair,

¨     all body material,

¨     organ or part of organ,

¨     Deoxyribo Nucleic Acid (DNA),

¨     finger impression,

¨     palm impression,

¨     iris impression and

¨     foot print or any other similar material or object

which may establish that an offence has been committed or establish a link or relation between an offence and its victim or an offence and its offender and prove or disprove a fact-  such materials or objects are called physical or forensic evidence.

Location: Dhaka, Bangladesh

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