difference between material and evidence
Querist :
Anonymous
(Querist) 12 March 2011
This query is : Resolved
Dear Experts,
In Newspaper it appeared that
"I.T. Bagaria, Khan's lawyer, said the ED 'was given a chance by the court to produce evidence but there is a difference between material and evidence'. 'What the ED has produced is only material, they have not been able to produce any evidence to prove Khan guilty."
Now my query is
What is difference between Material and Evidence.
Thanks in advance.
Tajobsindia
(Expert) 12 March 2011
The word `evidence' is used in common parlance in three different senses :
(a) as equivalent to relevant
(b) as equivalent to proof and
(c) as equivalent to the material, on the basis of which courts come to a conclusion about the existence or non-existence of disputed facts. Though, in the definition of the word "evidence" given in Section 3 of the Evidence Act one finds only oral and documentary evidence, this word is also used in phrases such as : best evidence, circumstantial evidence, corroborative evidence, derivative evidence, direct evidence, documentary evidence, hearsay evidence, indirect evidence, oral evidence, original evidence, presumptive evidence, primary evidence, real evidence, secondary evidence, substantive evidence, testimonial evidence, etc. etc.
The idea of best evidence is implicit in the Evidence Act. Evidence under the Act, consists of statements made by a witness or contained in a document. If it is a case of oral evidence, the Act requires that only that person who has actually perceived something by that sense, by which it is capable of perception, should make the statement about it and no one else. If it is documentary evidence, the Evidence Act requires that ordinarily the original should be produced, because a copy may contain omissions or mistakes of a deliberate or accidental nature. These principles are expressed in Sections 60 and 64 of the Evidence Act. Now in context to your que. the documents submitted before concerned Court by ED are mere treated as 'material' means material of the Courts records and they have to be corroborated as evidence per se Indian Evidence Act, which the ED failed in Hasan Ali bail hearing stage case thus he was released on Bail for the moment is my presumptive view though I have not read down the entire Order in the case and I am replying only to your question.
Querist :
Anonymous
(Querist) 12 March 2011
@Tajobsindiaji!! thanks for your valuable reply.
