Question

Define tangible evidence and testimonial evidence. What is the difference between the two? What factors are used to evaluate tangible evidence? What factors are used to evaluate testimonial evidence?

Answer 1

In judicial proceedings, evidences are used to prove or support a claim by providing materials, documents, or witnesses. These evidences are of different types namely, tangible evidences, documentary evidences, conditional evidence, transient evidence and testimonial evidences.

Tangible evidence:

It refers to the evidences that are real and concrete. These could be objects or materials that could be touched or felt by others. Such evidences provide factual information that are true and reliable rather than something fictional. It is also called as real or physical evidence.

For example, In a case inquiry, if a person is accused for committing a theft, the police officers provides an evidence of a CCTV camera footage that shows a video clip of the person stealing a diamond ring from a shop.

Testimonial evidence:

It refers to the evidences that are provided by the eyewitnesses in the form of a statement regarding the crime scenes. It is also called direct evidence. These information are not highly reliable because the eyewitness could be unable to exactly describe what they had seen or heard. They could sometimes not accurately remember what had happened, or could manipulate it when the solicitor asks leading questions during inquiry.

For example, In a case inquiry, a person provides statement about his eyewitness that he had seen a person stabbing another man in a subway and had run away.

While considering testimonial evidences, the following things has to be evaluated:

- How long it has been between the time at which the incident has occurred and the witness had identified the accused.

- The method of interviewing that was used to retrieve the information from the witness.

- Whether the witness knew the accused already or whether there was any relationship between them.

It is necessary to consider these factors while obtaining the statement from the witness as these could alter the information either intentionally or unintentionally.