Evidence – Meaning of

According to Tomlin’s Law Dictionary, Evidence is “the means from which an inference may logically be drawn as to the existence of a fact. It consists of proof by testimony of witnesses, on oath; or by writing or records.” Bentham defines ‘evidence’ as “any matter of fact, the effect, tendency or design of which presented to mind, is to produce in the mind a persuasion concerning the existence of some other matter of fact – a persuasion either affirmative or disaffirmative of it’s existence. Of the two facts so connected, the latter may be distinguished as the principal fact, and the former as the evidentiary fact.” According to Wigmore on Evidence, evidence represents “any knowable fact or group of facts, not a legal or a logical principle, considered with a view to its being offered before a Legal Tribunal for the purpose of producing a persuasion, positive or negative, on the part of the Tribunal, as to the truth of a proposition, not of law, or of logic, on which the determination of the Tribunal is to be asked.” Hardeep Singh v. State of Punjab, 2014 (85) ACC 313.

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