Understanding the important terms of Evidence Law used in Trial Proceedings (Evidence Law Basics 2)
(1) ADVERSE
Meaning – Having an opposing or contrary interest, concern, or position
Example - adverse inference, adverse effect, adverse party, adverse to the title, adverse in interest
(i) The Court has held that the non-production of the weapon used in the attack is neither fatal to the prosecution case nor can any adverse inference be drawn on that score.
(ii) It is not necessary that the original should be in possession of the adverse party and it is sufficient if it appears or shown to be in his "power" or control.
(iii) It appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it
(2) ADDUCE
Meaning - To offer or put forward for consideration something as evidence or authority
Example – adduce evidence
(i) The appellant should be given an opportunity to adduce evidence to justify the action proposed to be taken
Meaning – Having an opposing or contrary interest, concern, or position
Example - adverse inference, adverse effect, adverse party, adverse to the title, adverse in interest
(i) The Court has held that the non-production of the weapon used in the attack is neither fatal to the prosecution case nor can any adverse inference be drawn on that score.
(ii) It is not necessary that the original should be in possession of the adverse party and it is sufficient if it appears or shown to be in his "power" or control.
(iii) It appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it
(2) ADDUCE
Meaning - To offer or put forward for consideration something as evidence or authority
Example – adduce evidence
(i) The appellant should be given an opportunity to adduce evidence to justify the action proposed to be taken
(ii) Since the respondent had not adduced any evidence in his defence it was not open to him to contend that he was not responsible for the acts of destruction and damage
(3) ADMISSIBLE
Meaning - The quality or state of being allowed to be entered into evidence in a hearing, trial, or other proceeding.
Example – Evidence Admissible
(i) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.
(ii) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section 32, clause (2)
(iii) Evidence that is not relevant is not admissible in a proceeding.
(4) AMBIGUITY
Meaning - An uncertainty of meaning or intention, as in a contractual term or statutory provision
Example - ambiguous document
(i) It is argued that this is a case of an ambiguous document and that we ought to so interpret it, taking into account the conduct of the parties
(5) APPRECIATION
Meaning - To understand the significance of things
Example – Appreciation of Evidence
(i) In our view, the appreciation of evidence by the learned Judge is on the fact of it unreasonable and requires to be set aside
(ii) This Court, on re-appreciation of evidence, finds that the testimony of witness Madan Lal is cogent, consistent and reliable
(6) CONCLUSIVE
Meaning - Authoritative; decisive
Example - Conclusive Evidence, Conclusive Presumption, Conclusive Proof
(3) ADMISSIBLE
Meaning - The quality or state of being allowed to be entered into evidence in a hearing, trial, or other proceeding.
Example – Evidence Admissible
(i) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.
(ii) The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under section 32, clause (2)
(iii) Evidence that is not relevant is not admissible in a proceeding.
(4) AMBIGUITY
Meaning - An uncertainty of meaning or intention, as in a contractual term or statutory provision
Example - ambiguous document
(i) It is argued that this is a case of an ambiguous document and that we ought to so interpret it, taking into account the conduct of the parties
(5) APPRECIATION
Meaning - To understand the significance of things
Example – Appreciation of Evidence
(i) In our view, the appreciation of evidence by the learned Judge is on the fact of it unreasonable and requires to be set aside
(ii) This Court, on re-appreciation of evidence, finds that the testimony of witness Madan Lal is cogent, consistent and reliable
(6) CONCLUSIVE
Meaning - Authoritative; decisive
Example - Conclusive Evidence, Conclusive Presumption, Conclusive Proof
(i) That the provisions of the Act which provided that the declaration made by the State that a particular land was needed for a public purpose, shall be conclusive evidence of the fact that it was needed, did not infringe the Constitution
(ii) Now, looking to the plain words used in the proviso it is clear that the declaration made by Govt. is to be conclusive evidence & not merely prima facie evidence.
(7) CONTRADICTORY
Meaning – a proposition, statement, or phrase that asserts or implies both the truth and falsity of something.
Example – Contradictory Statement, contradictory explanations, contradictory pleas, contradictory facts
(i) That there are two contradictory statements by PW 4 and PW 5 one set of statements at the police stage and the other at the trial stage.
(ii) The Magistrate who tried the case against Ram was of the opinion that the above two statements made by the applicant were so contradictory to each other that one of them was necessarily false.
(8) CORROBORATION
Meaning - To strengthen or confirm; to make more certain
Example – corroboration of evidence
(i) Once the Court is satisfied that the declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration.
(ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration.
(iii) The learned counsel further urged that the evidence of the approver gets corroborated from other independent sources to the material particulars of the approver's evidence and such corroboration makes the approver's trustworthy and reliable.
(9) INCONSISTENT
Meaning - Lacking consistency; not compatible with another fact or claim
Example – inconsistent statement, inconsistent fact
(i) The credit of a witness can be impeached by proof of any statement which is inconsistent with any part of his evidence in court, as delineated in Section 153(3) of the Evidence Act by keeping in view while reading Section 145 which consists of two limbs.
(ii) Abductee Gaurav statements about the acts of the appellant are inconsistent with his own earlier statements recorded during investigation.
(10) INFERENCES
Meaning - reached by considering other facts and deducing a logical consequence from them
Example - inferences drawn, inferences from, adverse inferences
(i) The courts below appear to have drawn inferences by placing the burden of proving innocence on the appellant which is an impermissible course.
(ii) That in the circumstances of this case it would be more appropriate to frame the question in this from: " whether on the facts and circumstances proved in the case, the inference that the transaction in question is an adventure in the nature of trade is in law justified
(11) OMISSION
Meaning – A failure to do something especially a neglect of duty
Example - omission to perform, omission to hear
(i) Though the statute does not provide for a hearing, the omission of the Legislature will be made good by the principles of natural justice.
(ii) It has been argued that there are lots of contradictions and omissions in respect of evidence and final hearing of the appeal will take long time.
(12) PRESUMPTION
Meaning - A legal inference or assumption that a fact exists, based on the known or proven
existence of some other fact or group of facts.
Example - presumption of law, presumption of fact, presumption of innocence, rebuttable presumption, presumption of intention, presumption to knowledge
(i) The plaintiff is entitled to the benefit of the presumption spoken of in section 118 of the Negotiable Instruments Act.
(ii) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused.
(13) PROBABLE
Meaning – supported by evidence strong enough to establish presumption but not proof
Example - probable consequence, probable cause
(i) There was, therefore, reasonable and probable cause for the prosecution and hence the suit was liable to be dismissed.
(ii) The plaintiff says that these suits were brought maliciously and without probable cause and that he is entitled to damages accordingly.
(14) PRUDENCE
Meaning - Circumspect or judicious in one's dealings; cautious
Example – rule of prudence, matter of prudence
(i) It is a rule of prudence that no conviction can be based solely on the basis of the expert evidence and the Courts ought to look for corroboration from other evidence
(ii) As a matter of prudence and caution, the Courts, to satisfy their judicial conscience, actually look for corroboration of the evidence tendered by the parties in most of the civil as well as criminal cases.
(15) REBUTTAL
Meaning - In-court contradiction of an adverse party's evidence.
Example – rebuttal of evidence of prosecution, rebuttal of liability, rebuttal of the presumption, rebuttal of legitimacy
(i) It has been held that if a statement is made by the Advocate for the plaintiff that "the plaintiff closes its evidence in the affirmative only", the same would be read to mean that the plaintiff had reserved its right to lead evidence in rebuttal.
(ii) The defendants by leading rebuttal evidence have succeeded in controverting not only the alleged pleadings in O.S.No.505/1989 but also the claim made by plaintiffs. The rebuttal evidence led in by defendants would outweigh the slender evidence which is placed on record by the plaintiffs.
(16) RELIABLE
Meaning – suitable or fit to relied on
Example – reliable witness, reliable evidence
(i) The learned Sessions Judge held that Banta Singh was a reliable witness.
(ii) It has been contended by the learned counsel for the appellant that there is no reliable evidence against the applicant.
(17) RELEVANCE
Meaning – relation to the matter at hand
Example – relevance of evidence, relevance of statements, relevance of confession, relevance of statement
(i) The relevant evidence/material cannot be excluded from evidence even if it was obtained on illegal search and seizure.
(ii) Learned counsel for the defendant submitted that the courts below failed to consider the relevant evidence and it is a case of gross misappreciation of evidence and thus the findings are perverse, unreasonable and are based on no evidence no need to discuss the issue of consent because minor is not capable to give consent.
(ii) Now, looking to the plain words used in the proviso it is clear that the declaration made by Govt. is to be conclusive evidence & not merely prima facie evidence.
(7) CONTRADICTORY
Meaning – a proposition, statement, or phrase that asserts or implies both the truth and falsity of something.
Example – Contradictory Statement, contradictory explanations, contradictory pleas, contradictory facts
(i) That there are two contradictory statements by PW 4 and PW 5 one set of statements at the police stage and the other at the trial stage.
(ii) The Magistrate who tried the case against Ram was of the opinion that the above two statements made by the applicant were so contradictory to each other that one of them was necessarily false.
(8) CORROBORATION
Meaning - To strengthen or confirm; to make more certain
Example – corroboration of evidence
(i) Once the Court is satisfied that the declaration was true and voluntary, undoubtedly, it can base its conviction without any further corroboration.
(ii) If the Court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration.
(iii) The learned counsel further urged that the evidence of the approver gets corroborated from other independent sources to the material particulars of the approver's evidence and such corroboration makes the approver's trustworthy and reliable.
(9) INCONSISTENT
Meaning - Lacking consistency; not compatible with another fact or claim
Example – inconsistent statement, inconsistent fact
(i) The credit of a witness can be impeached by proof of any statement which is inconsistent with any part of his evidence in court, as delineated in Section 153(3) of the Evidence Act by keeping in view while reading Section 145 which consists of two limbs.
(ii) Abductee Gaurav statements about the acts of the appellant are inconsistent with his own earlier statements recorded during investigation.
(10) INFERENCES
Meaning - reached by considering other facts and deducing a logical consequence from them
Example - inferences drawn, inferences from, adverse inferences
(i) The courts below appear to have drawn inferences by placing the burden of proving innocence on the appellant which is an impermissible course.
(ii) That in the circumstances of this case it would be more appropriate to frame the question in this from: " whether on the facts and circumstances proved in the case, the inference that the transaction in question is an adventure in the nature of trade is in law justified
(11) OMISSION
Meaning – A failure to do something especially a neglect of duty
Example - omission to perform, omission to hear
(i) Though the statute does not provide for a hearing, the omission of the Legislature will be made good by the principles of natural justice.
(ii) It has been argued that there are lots of contradictions and omissions in respect of evidence and final hearing of the appeal will take long time.
(12) PRESUMPTION
Meaning - A legal inference or assumption that a fact exists, based on the known or proven
existence of some other fact or group of facts.
Example - presumption of law, presumption of fact, presumption of innocence, rebuttable presumption, presumption of intention, presumption to knowledge
(i) The plaintiff is entitled to the benefit of the presumption spoken of in section 118 of the Negotiable Instruments Act.
(ii) An appellate Court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused.
(13) PROBABLE
Meaning – supported by evidence strong enough to establish presumption but not proof
Example - probable consequence, probable cause
(i) There was, therefore, reasonable and probable cause for the prosecution and hence the suit was liable to be dismissed.
(ii) The plaintiff says that these suits were brought maliciously and without probable cause and that he is entitled to damages accordingly.
(14) PRUDENCE
Meaning - Circumspect or judicious in one's dealings; cautious
Example – rule of prudence, matter of prudence
(i) It is a rule of prudence that no conviction can be based solely on the basis of the expert evidence and the Courts ought to look for corroboration from other evidence
(ii) As a matter of prudence and caution, the Courts, to satisfy their judicial conscience, actually look for corroboration of the evidence tendered by the parties in most of the civil as well as criminal cases.
(15) REBUTTAL
Meaning - In-court contradiction of an adverse party's evidence.
Example – rebuttal of evidence of prosecution, rebuttal of liability, rebuttal of the presumption, rebuttal of legitimacy
(i) It has been held that if a statement is made by the Advocate for the plaintiff that "the plaintiff closes its evidence in the affirmative only", the same would be read to mean that the plaintiff had reserved its right to lead evidence in rebuttal.
(ii) The defendants by leading rebuttal evidence have succeeded in controverting not only the alleged pleadings in O.S.No.505/1989 but also the claim made by plaintiffs. The rebuttal evidence led in by defendants would outweigh the slender evidence which is placed on record by the plaintiffs.
(16) RELIABLE
Meaning – suitable or fit to relied on
Example – reliable witness, reliable evidence
(i) The learned Sessions Judge held that Banta Singh was a reliable witness.
(ii) It has been contended by the learned counsel for the appellant that there is no reliable evidence against the applicant.
(17) RELEVANCE
Meaning – relation to the matter at hand
Example – relevance of evidence, relevance of statements, relevance of confession, relevance of statement
(i) The relevant evidence/material cannot be excluded from evidence even if it was obtained on illegal search and seizure.
(ii) Learned counsel for the defendant submitted that the courts below failed to consider the relevant evidence and it is a case of gross misappreciation of evidence and thus the findings are perverse, unreasonable and are based on no evidence no need to discuss the issue of consent because minor is not capable to give consent.
1. Black Law Dictionary 8th Edition
2. Merriam Webster Dictionary
3. Nageshwara Rao - The Indian Evidence Act
4. Judgments of Supreme Court and High Courts
4. Judgments of Supreme Court and High Courts
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