DIRECT AND CIRCUMSTANTIAL
EVIDENCE
As per the statute, The indian evidence act, Direct evidence is the testimony of a
witness to the existence or non – existence of the fact or facts in issue. Direct
evidence is given where the witness testifies directly of his knowledge as to
the main fact or facts in dispute. It may be oral or documentary evidence. The
evidence of the facts must be adduced before the court directly. For example A
stabs B, C sees A stabbing B. c deposes in the court that he saw A stabbing B.
Therefore C’s evidence is direct evidence.
Circumstantial evidence is that which
relates to a series of other facts than the fact in issue, but by experience
has been found so associated with the fact in issue in relation to cause and
effect that it leads to a satisfactory conclusion. Example: A and B are wife
and husband. B harasses A for dowry. A is murdered by B. It is a dowry death.
The incidents of B’s harassment against A also become evidence. The witnesses who depose such incidents are
called circumstantial witnesses and their evidence is circumstantial evidence.
Though their evidence is not directly connected with dowry death, but quite
enough and satisfactory to prove B’s ill intention and conduct before A’s
death.
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