Evidence is either direct or indirect, according as the principal fact follows from the evidentiary or by inference. Direct evidence is the testimony of the witnesses as to the principal fact to be proved, e.g., the evidence of a person who says that he saw the commission of the act which constitutes the alleged crime. Circumstantial evidence is the testimony of a witness to other relevant facts from which the fact in issue may be inferred.
Direct evidence is of a superior cogency; its greatest advantage is that there is only one source of error, namely, fallibility of testimony, while the other has in addition, a further source of error, viz., and fallibility of inference. The weight of evidence varies according to the number of independent facts supported.
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ADVERTISEMENTS:
Real evidence, i.e., any matter which the Court perceives itself, e.g., that a man standing before a judge has got a scar on his face.
Hearsay evidence (i.e., derivative or second-hand evidence), i.e., the testimony of a witness as to statements made out of Court which are offered as evidence of their own truth. Thus, A’s evidence that A heard that a murder had taken place is ‘hearsay’ evidence.
Primary evidence.
Secondary evidence.
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Oral evidence.
Documentary evidence.
Conclusive evidence, i.e., where the connection between the principal and evidentiary fact is a necessary consequence of the Law of Nature.