Difference Between Oral Evidence And Documentary Evidence

In legal proceedings, the evidence presented plays a crucial role in establishing the facts of a case. Two of the most significant types of evidence used in courts are oral evidence and documentary evidence. Each of these forms of evidence serves a unique purpose and carries its own set of legal guidelines. Oral evidence refers to the testimony given by witnesses under oath, often providing firsthand accounts of events. On the other hand, documentary evidence encompasses physical or digital documents, which can offer concrete proof of transactions, agreements, or occurrences.

This blog explores the difference between oral evidence and documentary evidence, shedding light on the key features, types, and legal provisions that govern these two essential forms of proof. Whether it's a witness testimony in a criminal trial or a signed contract in a civil dispute, understanding these differences is critical for anyone involved in legal matters. Let's dive deeper into how oral and documentary evidence impact legal cases and the unique role each plays in ensuring justice is served.

What Is Oral Evidence?

Oral evidence refers to statements made by witnesses under oath during legal proceedings. These are verbal testimonies given in court, forming an integral part of many cases. During a trial, anything admitted in court and expressed by any witness is considered oral evidence. For example a witness testifying in a murder trial about what they saw or heard during the incident. For instance, a neighbor stating that they heard shouting or saw someone fleeing the scene.

Key Features Of Oral Evidence

Understanding the characteristics of a verbal evidence is essential to appreciating its scope and application.

• Nature: Spoken words by witnesses.
• Source: Based on the personal knowledge, observations, or perceptions of the witness.
• Presentation: Witnesses are required to testify in person and are subject to cross-examination. This allows both sides to challenge the reliability and accuracy of the witness’s statements.
• Credibility: The court assesses the credibility of the witness based on demeanor, consistency, and reliability of the testimony. Factors such as tone, body language, and facial expressions play a role in determining trustworthiness.

Legal Provisions Governing Oral Evidence

Below are the key provisions as outlined in Indian law under the Evidence Act which can be broadly applicable in other common law systems as well:

1. Section 59: Oral evidence is a statement made by a witness during a trial or proceeding and is admissible unless it falls under an exception.
2. Section 60: The witness must testify from their personal knowledge and must do so directly, meaning no hearsay is admissible.

When Is Oral Evidence Used?

Oral evidence is particularly valuable when there are disputed facts that require first-hand accounts or explanations. For example, in criminal trials, witness testimony can help establish a suspect's involvement in a crime or provide context to the events that occurred.

Legal professionals often rely on verbal evidence to provide clarity on ambiguous or complex matters that cannot be fully conveyed through documents alone. A witness may explain a contract's intent, recount the events leading to an accident, or identify a suspect in a lineup.

Types Of Oral Evidence

The two types of oral evidence are:

1. Direct Oral Evidence: Statements directly perceived by the witness using their senses (e.g., seeing or hearing an event). Governed by Section 60 of the Indian Evidence Act, it states that oral evidence must be direct.
2. Hearsay Oral Evidence: Statements made by a person who did not directly witness the event but heard about it from someone else. Generally inadmissible under the Act unless it falls under specific exceptions like dying declarations (Section 32).

What Is Documentary Evidence?

Documentary evidence refers to any document, record, or written material presented to support or refute claims in legal proceedings. It includes physical, written, or digital documents that provide objective evidence of an event or transaction. It serves as a tangible piece of proof. For example a signed contract, email correspondence, or a bank statement presented during a breach of contract case. For example, a signed agreement can prove the terms of a business deal or loan arrangement.

Key Features Of Documentary Evidence

Understanding the characteristics of a written evidence is essential to appreciating its scope and application.

• Nature: Written, printed, or digital records.
• Source: Created contemporaneously with the events it documents, ensuring accuracy and reliability.
• Presentation: Documents are submitted as exhibits and authenticated by witnesses or experts, if necessary. Authentication ensures that the document is genuine and pertains to the matter at hand.
• Reliability: Courts often rely on the authenticity and accuracy of the document’s contents. Original documents are preferred, but secondary evidence can be admitted under specific circumstances.

Legal Provisions Governing Documentary Evidence

Below are the key provisions as outlined in Indian law under the Evidence Act which can be broadly applicable in other common law systems as well:

• Section 61: Documents must be proved by their contents unless they are admitted by the parties.
• Section 62-63: Discusses the types of documents (primary and secondary) and the manner of proving them.
• Section 65: Covers provisions on the admissibility of electronic records, which are widely used in modern legal practice.

When Is Documentary Evidence Used?

Documentary evidence is crucial when the facts of the case can be proved through written records, such as a contract dispute, property ownership, or medical malpractice. Documents are useful in substantiating claims that cannot be disputed, such as agreements signed by both parties or communications exchanged over email. For example, in a fraud case, a bank statement may serve as documentary evidence proving fraudulent activity, while in a divorce case, a marriage certificate can be used to prove the legitimacy of the marriage.

Types Of Documentary Evidence

Different types of documentary evidence are as follows:

1. Primary Documentary Evidence: Original documents submitted directly as proof, as per Section 62 of the Indian Evidence Act.
2. Secondary Documentary Evidence: Copies or reproductions of original documents, used when the original is unavailable, as governed by Section 63.
3. Public Documents: Official records maintained by public authorities, as defined under Section 74.
4. Private Documents: Non-official documents, such as personal contracts, letters, or emails, governed by Section 75.

Differences Between Oral Evidence And Documentary Evidence

The table provides a comparative analysis, highlighting the unique features and applications of each type.