Witnesses create such evidence at trial. The same set of evidence can be used by the opposing counsel in order to prove contrary positions. Examples of demonstrative evidence include:. Originally, digital or electronic type of evidence was not mentioned or covered under the definition of evidence. An electronic record includes record generated, data generated, the image stored, sound stored, or any information received or sent in an electronic form.
Such evidence must be collected with a reasonable and least objectionable means. The manner of the collection depends upon various factors, such as:. The examiner must be aware of the specific electronic data that is required for the investigation. An electronic record means data, record, data generated, image stored, sound stored, or any information received or sent in an electronic form. In this case, it was stated that the word evidence in connection with Law includes all agreements except which prove or disprove any fact or matter whose truthfulness is presented for Judicial Investigation.
Thus, electronic evidence can be considered as a valid form of evidence. Documentary evidence refers to any matter described or expressed upon any substance by means of letters, figures or marks or by more than one means which can be used for recording the matter. Such evidence is produced in the form of a document in order to prove a disputed fact.
Essentials or subject-matter of documentary evidence are as follows:. In reality, the prosecutor, as well as the defence attorney, gather evidence to make their case. The prosecutor needs to turn over the evidence to the defence attorney before he uses it to prove the defendant as not guilty.
In case he fails to provide the defence attorney with the same, the case can be dismissed or retired, thus proving the defendant innocent.
In other words, any evidence which is favourable to the defendant is considered to be exculpatory evidence. However, any evidence that points towards the innocence of the defendant is considered to be exculpatory. For example DNA evidence on a knife in a murder case.
DNA evidence could be either inculpatory or exculpatory, depending on the test results. Forensic evidence might lead to crucial investigative leads. Such evidence help in looking at and analysing things that cannot be seen with the naked eye. It varies from the type of crime one is investigating. For instance, in the case of a vehicular burglary, the DNA or fingerprints can be traced.
Here DNA deoxyribonucleic acid is the founding block of all human beings. Investigators can find preparatory DNA in biological evidence found at a crime scene.
Forensic evidence can be divided into two categories, that is, physical evidence and biological evidence. Physical evidence refers to non-living or inorganic matter such as fingerprints, shoe impressions, tire impressions, fibers, glass, drugs, bullets, paints, petroleum by-products, etc.
Hearsay evidence refers to evidence which the witness has neither personally seen nor heard. It is just reported by the witness and considered to be very weak evidence. In other words, it refers to something that others have said or heard. There are no set standards to receive such evidence provided it has reasonable credibility and nexus.
In the absence of such credibility and nexus, it is difficult and dangerous to act upon such evidence. Thus, such a piece of evidence cannot be used if its credibility is not assured and questioned.
Such evidence is often rejected as they are considered to be irrelevant. They are inadmissible because the witness has neither personally seen nor heard. The witness has not perceived the evidence through his senses but has come to know about it through the third person.
In this case , a young married woman named Kiran Devi, daughter of the appellant-complainant, who is alleged to have been murdered by the respondent-accused or to have been forced to commit suicide by falling in a well situated on the backside of the house of the accused.
It was said that the information obtained from their neighbours was completely hearsay evidence, however, the respondents were convicted on the basis of hearsay evidence.
It was stated in this case that the evidence of a statement made to a witness who is not himself called as a witness may or may not be hearsay, following are the possible situations:. The fact that the statement was made quite apart from its truth is relevant in considering the mental state and conduct of the witness or a person in whose presence these statements were made. Physical evidence refers to any evidence which is found at the crime scene.
It includes fingerprints, cut marks, tool marks, handprints, footprints, etc. According to the American Academy of Forensic Sciences AAFS , it refers to anything that needs a microscope to view something that cannot be seen by the naked eye.
Examination of such evidence can be conducted by various methods such as:. The examination of such evidence is imperative for forensic analysis.
Identifying the alterations is one of the main purposes of such examination. Later, such evidence can be used to identify and compare the situation, like method or technique used by the defendant to harm the plaintiff, type of manufacturing method used to manufacture the murder weapon or any other tool. With the help of advanced technology, the specialist can also recover the text damaged by accident or on purpose.
Prima facie evidence refers to the evidence whose existence is questionable but at the same time, it establishes a fact. The existence of such evidence cannot be questioned until it is rebutted. It is also called as presumptive evidence as it is sufficient to raise a presumption of the truth of a fact until and unless it is argued and rebutted. Such evidence is sufficient to establish a basic fact.
For instance, the performance of people can be considered as discriminatory, if white people perform better than black people. Statistical evidence refers to the data which people search or investigate for the purpose of proving a particular point.
Such evidence measures the strength of the evidence. Examples of statistical evidence are:. Testimonial evidence refers to evidence used to prove a particular point by testimony to the courts. Testimony can be either spoken or formal written statements. In certain cases, the testimonial evidence is inadmissible in a court of law. The courts will decide whether or not such evidence is relevant to the case on the basis of facts and proficiency.
In the following cases the evidence will not be allowed:. Judicial evidence refers to evidence received by the court that proof or disproof the facts.
Such evidence includes:. Non-judicial evidence primarily refers to the confession made by the accused outside the court of law and in the presence of any person. If such evidence is proved in the court of law then it takes the form of judicial evidence. According to Section 62 , primary evidence is considered to be the topmost class of evidence. Such evidence is an original document that needs to be submitted before the court for inspection.
Moreover, it is admissible without any prior notice. The basic rule is, the evidence presented must be: relevant to the case, must be material to the case it must have some legal significance connected to the case , and there cannot be a legal rule that excludes it, such as with hearsay evidence. It is up to a jury to listen to the evidence and weigh the information. Real evidence is also known as physical evidence and includes fingerprints, bullet casings, a knife, DNA samples — things that a jury can see and touch.
Real evidence usually proves or disproves facts in the case. To be admitted, real evidence must be relevant, material, and authentic. Lawyers must establish that the evidence belonged to the accused or was used in the crime. Demonstrative Evidence can help illustrate or demonstrate the testimony of a witness. It can include a map of the crime scene or charts or images and pictures of the location that a witness describes. Documentary evidence is evidence introduced through documents instead of through oral witness accounts such as a diary entry, newspaper, or contract.
With documentary evidence, it is essential to establish that the document is authentic and from a reliable source. Testimonial evidence is when a witness gets on the stand and says what they saw or heard under oath. This is also known as indirect evidence. Hearsay is generally not admissible in court unless proven to a judge that the information is necessary and reliable. Prejudicial evidence is when there is a significant risk of misuse of the information by the jury, or the evidence is too misleading, confusing or distracting.
If you are being investigated for a crime or have questions about the different types of evidence and how they could impact your case, talk to an experienced criminal defence lawyer like William Jaksa today. William Jaksa has over a decade of experience defending clients in Toronto and can help you understand your options and put together the right team to defend your case.
Get started here with training and educational resources. Search manuals and training for your court. Search manuals and training by topics such as DWI. Skip to navigation Personal tools Log in. Search JEC only in current section. Advanced Search…. Evidentiary Issues Pertaining to Documentary or Physical Evidence Testimonial evidence presents the fact finder with only oral statements and their manner of delivery from which to determine what weight and effect to place on the evidence.
Given the need for a "records custodian" to testify in order to have such material actually come into evidence, see Rule authentication and identification , such evidence is used fairly rarely.
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