1.1 Meaning, Nature and Kinds of the Evidence

Evidence = the material of proof: the facts — and the testimony, documents and objects carrying them — from which the court infers the existence of the facts in issue. The word's root (evidere — "to show clearly"): the showing of the truth. Evidence law = the rules governing what may be shown, how, and with what effect: the admissibility (the gatekeeping — what comes in), the examination (the process — how it is tested), and the weight (the evaluation — how much it counts). The law's home in Nepal: the Evidence Act, 2031 (1974) — the proof code for civil and criminal cases alike — plus the procedural codes' trial machinery (the Civil and Criminal Procedure Codes 2074) and the specialised layers (the Electronic Transactions Act 2063's digital records; the forensic disciplines). Kinds of evidence (the first map — Unit 2 deepens): By relevancy: direct (proving the fact itself) vs. circumstantial (proving by inference — the chain's logic); By physical structure: oral (the witness's testimony), documentary (the writings and records), real/material (the objects — the knife, the stains); By probative value: primary (the original) vs. secondary (the copy — Unit 2.3); prima facie, conclusive, corroborative; By source: the parties' and the court's; the expert's opinion (the exception); The newest kind: digital evidence (the data stored or transmitted — the modern addition).