LAW OF EVIDENCE
1. § Meaning of the word Evidence
Like most of the words used in the statutes the word has a popular as well as technical meaning.
Popular meaning
Evidence in its ordinary sense signifies that which makes apparent the truth of the matter in question.
4 Mad. 393.
Technical meaning
The word however is used in the Evidence Act in a technical sense.
Section 3 defines the sense in which the word evidence is used in the Evidence Act. According to that Section
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 enquiry;
(2) All documents produced for the inspection of the Court.
This definition of the term ‘Evidence’ is incomplete.
The depositions of witnesses and documents which only are included in the term evidence as defined by the section are the two principal means by which the materials upon which the judge has to adjudicate are brought before him. The examination of witnesses is generally indispensible and by means of it, all facts except the contents of documents may be proved (Sec. 59). For the proof a document as a statement made by the person by whom it purports or is alleged to have been made, oral Evidence is required. (Sec. 67-73).
As compared with the definition of the word “Proved” this definition of the word “Evidence” is narrow. According to the definition of the word “Proved”,
“A fact is said to be proved when, after considering the matters before it, the Court believes it to exist . . . . . .”
The Expression matters before it is much wider than what the word Evidence is said to include.