Question

The term 'Evidence' means and includes

• A. Oral evidence
• B. Documentary evidence
• C. Electronic records produced for the inspection of the court
• D. All of the above

Hint:

The inclusion of "electronic records" in the definition of evidence is a crucial modern update to the 1872 Act. Always remember that digital evidence like emails, computer files, and digital videos are considered documentary evidence under the law.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Section 3 of the Indian Evidence Act, 1872, contains the interpretation clause, which defines key terms used in the Act, including "Evidence".

Step 2: Detailed Explanation:
According to the definition provided in Section 3 of the Act, "Evidence" means and includes:
1. Oral Evidence: All statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry.
2. Documentary Evidence: All documents including electronic records produced for the inspection of the Court.
This definition clearly shows that evidence comprises both oral testimony and documentary materials. Importantly, the definition was amended by the Information Technology Act, 2000, to explicitly include electronic records within the scope of documentary evidence.
Therefore, all the options listed – (A) Oral evidence, (B) Documentary evidence, and (C) Electronic records – are included in the legal definition of 'Evidence'.

Step 3: Final Answer:
The term 'Evidence' as defined in the Indian Evidence Act includes oral evidence, documentary evidence, and electronic records produced for the court's inspection.