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ARTICLE · 27 APRIL 2020

Best Evidence Rule: Cardinal Principle Of Indian Evidence Act

Luthra and Luthra Law Offices India
Luthra and Luthra Law Offices India
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The word "evidence" is used in the Indian Evidence Act, 1872 (hereinafter referred to as 'Act')...

IndiaLitigation, Mediation & Arbitration

The word "evidence" is used in the Indian Evidence Act, 1872 (hereinafter referred to as 'Act') in different phrases, i.e. best evidence, direct evidence, circumstantial evidence, documentary evidence, substantive evidence, corroborative evidence, derivative evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, real evidence, primary evidence and secondary evidence. The Hon'ble Supreme Court in Kalyan Kumar Gogoi v. Ashutosh Agnihotri and Anr. [AIR 2011 SC 760], has held that "The word "evidence" is used in common parlance in three different senses: (a) as equivalent to relevant, (b) as equivalent to proof, and (c) as equivalent to the material, on the basis of which Courts come to a conclusion about the existence or non-existence of disputed facts." "

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