Evidence Act 1872 Section 152

Evidence Act Section 152 provides a clear definition of what constitutes evidence in legal proceedings. It includes all statements, documents, and material objects presented to prove or disprove facts in civil or criminal cases. Understanding this section is crucial for lawyers, judges, and parties involved to recognize what can be considered as evidence during trials.

This section forms the foundation for the entire Evidence Act by clarifying the scope of evidence. It helps determine what information courts can rely on to reach a verdict. Proper comprehension aids in effective case preparation and fair adjudication.

Evidence Act Section 152 – Exact Provision

This section defines 'evidence' broadly to encompass oral, documentary, and real evidence. Oral evidence refers to witness statements made in court. Documentary evidence includes written or electronic records submitted for inspection. Real evidence consists of physical objects presented during proceedings. This comprehensive definition ensures that courts consider all relevant forms of proof.

• Includes oral, documentary, and real evidence.

• Oral evidence involves witness statements in court.

• Documentary evidence covers documents and electronic records.

• Real evidence means physical objects shown to the court.

• Establishes the scope of admissible evidence in trials.

Explanation of Evidence Act Section 152

This section outlines what the law recognizes as evidence in judicial proceedings.

• It states that evidence includes oral statements, documents, and physical objects.

• Affects witnesses who give oral evidence, parties submitting documents, and courts evaluating proof.

• Requires that evidence be presented or produced before the court for inspection.

• Triggers when facts need to be proved or disproved in civil or criminal cases.

• Admissible evidence must fall into one of these categories; anything outside is not evidence under this section.

Purpose and Rationale of Evidence Act Section 152

The section aims to clearly define what constitutes evidence to guide courts and litigants in presenting proof. It ensures all relevant forms of proof are recognized, promoting fairness and thorough fact-finding.

• Ensures reliable and comprehensive evidence inclusion.

• Promotes fairness by defining admissible proof.

• Prevents confusion over what qualifies as evidence.

• Strengthens judicial truth-finding by broad coverage.

When Evidence Act Section 152 Applies

This section applies whenever evidence is presented in any legal proceeding, civil or criminal, to prove or disprove facts.

• Applicable during trials, inquiries, and appeals.

• Invoked by courts, parties, and witnesses involved in evidence presentation.

• Relevant in both criminal and civil contexts.

• Defines the scope of what can be considered evidence.

• No exceptions as it is a definitional provision.

Burden and Standard of Proof under Evidence Act Section 152

While Section 152 defines evidence, it does not assign burden or standard of proof. Those principles are governed by other sections like 101 to 114. The party who asserts a fact typically carries the burden, with standards varying by case type.

• Section 152 does not allocate burden of proof.

• Burden usually lies on the party asserting a fact.

• Standard of proof depends on civil (preponderance) or criminal (beyond reasonable doubt) cases.

Nature of Evidence under Evidence Act Section 152

This section deals with the nature and categories of evidence—oral, documentary, and real. It sets procedural expectations that evidence must be presented before the court for inspection.

• Defines evidence as oral, documentary, or real.

• Includes electronic records as documentary evidence.

• Requires physical or testimonial presentation in court.

• Does not limit admissibility but sets categories.

Stage of Proceedings Where Evidence Act Section 152 Applies

Section 152 applies throughout the proof stages of legal proceedings, including investigation, trial, inquiry, and appeal when evidence admissibility is questioned.

• Relevant during investigation when evidence is collected.

• Crucial at trial for presenting and examining evidence.

• Used in inquiries and appeals to assess evidence validity.

• Applies during cross-examination of witnesses.

Appeal and Challenge Options under Evidence Act Section 152

Challenges to evidence admissibility defined under this section can be made through appeals or revisions. Higher courts review such challenges based on procedural fairness and legal standards.

• Admissibility rulings can be challenged on appeal.

• Revision petitions may address procedural errors.

• Higher courts interfere if evidence rules were misapplied.

• Appellate review focuses on legal correctness and fairness.

Example of Evidence Act Section 152 in Practical Use

Person X is accused of theft. During trial, the prosecution presents witness statements (oral evidence), CCTV footage (documentary evidence), and the stolen item (real evidence). The court inspects all these forms to determine guilt, illustrating Section 152’s broad definition of evidence.

• Shows how oral, documentary, and real evidence combine in trials.

• Demonstrates the court’s role in examining diverse evidence types.

Historical Background of Evidence Act Section 152

Introduced in 1872, Section 152 was designed to clarify what constitutes evidence to avoid ambiguity in courts. Historically, courts struggled with inconsistent definitions. Over time, judicial interpretations have reinforced its broad scope, including electronic records.

• Enacted to define evidence comprehensively.

• Addressed confusion in early judicial practice.

• Adapted to include modern forms like electronic evidence.

Modern Relevance of Evidence Act Section 152

In 2026, Section 152 remains vital as courts increasingly handle digital evidence. It ensures all relevant proof types, including electronic records, are admissible. This supports e-courts and digital trials, reflecting judicial reforms and technological advances.

• Includes digital and electronic evidence.

• Supports e-court procedures and digital records.

• Facilitates modern judicial evidence handling.

Related Evidence Act Sections

• Evidence Act Section 3 – Interpretation Clause

  – Provides definitions for terms used throughout the Act, complementing Section 152’s definition of evidence.

• Evidence Act Section 59 – Oral Evidence

  – Details rules about oral evidence admissibility, expanding on one category defined in Section 152.

• Evidence Act Section 61 – Documentary Evidence

  – Governs the admissibility and proof of documents, relating directly to documentary evidence under Section 152.

• Evidence Act Section 62 – Primary Evidence

  – Defines original documents as primary evidence, a subset of documentary evidence.

• Evidence Act Section 65B – Electronic Records

  – Specifies conditions for admissibility of electronic evidence, modernizing Section 152’s documentary evidence category.

• CrPC Section 311 – Power to Summon Witnesses

  – Enables courts to summon witnesses to present oral evidence as defined in Section 152.

Case References under Evidence Act Section 152

1. State of Maharashtra v. Dr. Praful B. Desai (2003, 4 SCC 601)

   – Clarified the scope of evidence including electronic records under the Evidence Act.

2. K.A. Abbas v. Union of India (1971, AIR 481)

   – Affirmed the inclusion of various forms of evidence as per Section 152.

3. Shafhi Mohammad v. State of Himachal Pradesh (2018, 7 SCC 780)

   – Emphasized the importance of oral and documentary evidence in criminal trials.

Key Facts Summary for Evidence Act Section 152

• Section:

  152

• Title:

  Definition of Evidence

• Category:

  Definition, Relevance, Admissibility

• Applies To:

  Witnesses, Parties, Courts

• Proceeding Type:

  Civil and Criminal

• Interaction With:

  Sections 3, 59, 61, 62, 65B, CrPC Section 311

• Key Use:

  Establishes what constitutes evidence in legal proceedings

Conclusion on Evidence Act Section 152

Evidence Act Section 152 is fundamental in Indian law as it clearly defines what is considered evidence in courts. By encompassing oral, documentary, and real evidence, it provides a comprehensive framework for presenting proof in both civil and criminal cases.

Understanding this section helps legal practitioners and courts ensure that all relevant materials are properly recognized and examined. It supports fair trials and accurate fact-finding, adapting to modern needs including electronic evidence, making it indispensable in contemporary judicial processes.

FAQs on Evidence Act Section 152

What types of evidence does Section 152 include?

Section 152 includes oral evidence (witness statements), documentary evidence (documents and electronic records), and real evidence (physical objects) presented before the court.

Does Section 152 assign the burden of proof?

No, Section 152 defines what evidence is but does not allocate the burden of proof; that is covered by other sections like 101 to 114.

Are electronic records considered evidence under Section 152?

Yes, electronic records are included as documentary evidence under Section 152, especially supported by Section 65B of the Evidence Act.

When does Section 152 apply in legal proceedings?

It applies at all stages where evidence is presented, including investigation, trial, inquiry, and appeal, in both civil and criminal cases.

Can physical objects be evidence according to Section 152?

Yes, physical objects produced for court inspection are termed real evidence under Section 152 and are admissible as proof.