It has been defined in the Indian evidence Act (1872).

Two types of evidence

  • Oral evidence
    • All statements which the court permits or required to be made before it by witness in relation to matters of fact under enquiry. Oral evidence in the evidence of a witness who has seen, heard or perceived an event. Oral evidence is more important than documentary.
  • Documentary Evidence
    • All documents produced for the inspection of the court. It includes
      • Certificates,
      • Vetero – legal reports,
      • Examination of exhibits,
      • Electronic records. 
  • Certificates
    • Simple forms of evidence usually, certifying health, soundness, death etc. of the animals.
    • It should be carefully written with sense of responsibility for the opinion expressed in them.
    • It will not be accepted in the court of law unless issued by a qualified veterinarian who has registered in the State Veterinary Council Act.
    • Death certificate should contain identification of the animal and causes of death.
    • Certificates should be given promptly only after seeing the dead animal himself.
  • Vetero legal reports
    • Documents prepared by veterinarian in obedience to demand by an authorized police officer or a magistrate referred to chiefly in criminal cases.
    • It may be passed to the higher courts and placed in the hands of pleaders.
  • Examination of Exhibits
    • Articles weapons etc. sent for examination should be described fully to facilitate their identification in the Court later on.
    • They should be labelled and returned to the police officer or a magistrate in a sealed cover.
    • Articles to be sent to the Chemical Examiner should be kept in the custody of veterinary officer.
  • Electronic records
    • Any information contained in electronic record which in printed on a paper, stored, recorded in optical or magnetic media produced by a computer shall be deemed to be also a document.

The evidence in recorded in the following manner:

  • Examination – in - chief
    • First examination of a witness by party who calls him. If the witness is summoned by a private party, he is at first examined by the pleader of the party.
    • Cross – Examination:
    • Held by the counsel for the accused who tries to elicit facts.
    • Leading questions are permissible.
  • Leading questions
    • Any question suggesting the answer which the person putting it wishes or expects to receive.
    • Leading questions are not asked in an examination- in-chief or in a re-examination except with the permission of the court.
    • In cross examination, he may be asked any question which tends to test his veracity.
    • Discover who he is and what his position in life is shake his credit by injuring his character. Although the answer to such question might tend to directly or indirectly to incriminate him, or might expose or tend to directly or indirectly to expose him to a penalty or forfeiture.
  •  Re-examination
    • The counsel who conducts the examination- in- chief has the right of re-examination of the written to explain any misunderstanding occurred during cross-examination the adverse party may further cross examine upon this matter.
  • Question put by the judge
    • The judge may also put questions inorder to discover or to obtain proper proof of relevant facts or may order the production of any document or thing.
    • The witness may refresh his memory by referring to any writing made by himself at the time of the transaction concerning.
    • The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid.
    • A witness may refresh his memory by reference to any document, he may, with the permission of court.
    • An expert may refresh his memory by reference to professional treatise.
Last modified: Tuesday, 5 June 2012, 10:38 AM