The Evidence Act contains no definition of real evidence. Despite this position, real evidence is defined as the production before the court of anything material including human beings for inspection by the court. This definition includes both moveable and immovable properties. Again, it is the physical evidence that plays a direct part in the incident in question. Salmon describes it as ―anything which is believed for any other reason than that someone has said so‖. Real evidence consists of production of any object used in committing a crime; example, gun, knife, pen. It is to be noted that a document may be real evidence if produced in evidence as an object and not for the purpose of using the instrument contained therein as a proof of a fact. Thus, where a document is tendered as the thing stolen in a charge of stealing, it is real evidence. In the words of Phipson on the Law of Evidence, ―real evidence are those material objects other than documents produced for inspection before the court‖. Accordingly where it exists, it is the most satisfactory piece of evidence because the court can see for itself. Thus, it carries mere weight or probative value than oral evidence. Where the object or material involved is immovable, the court will be obliged to make a visit to the locus in quo by the court.
Nokes in his book, Introduction to Evidence 3rd Edition at page 445, says that real evidence is anything other than a document which is examined by the tribunal as a means of proof. In explaining the phrase real evidence, he said that real evidence may include material objects other than those documents presented for examination by the tribunal or it might include the physical appearance or demeanour. It also includes any place or anything which is lawfully examined by the tribunal out of court.
2. Original Evidence
This is direct or best evidence. It is a witness’s statement that he or she perceived as a fact in issue by hearing, seeing, smelling, touching or tasting or that the witness was in a particular physical or mental state.
3. Personal Evidence
This is the evidence which a competent witness under oath or affirmation gives in a trial or in an affidavit or deposition
4. Pre-appointed Evidence
Pre-appointed evidence is pre-constitutional evidence, prescribed or procured in advance for the proof of certain facts. Example is the testimony of a witness who had hidden in a cupboard to hear the conversation of another. By operation of the law, there must be two witnesses to the execution of a will. Evidence that is not pre-appointed or pre-constituted is causal evidence.
5. Best Evidence Rule
The best evidence rule is that which the nature of the thing will afford. It is evidence which is more specific and definite as opposed to that, which is merely general and indefinite or descriptive. The best evidence is that kind of proof, which under any possible circumstances affords the greatest certainty of the facts in question or evidence which comes on its surface, no suggestion of better evidence behind. Thus, direct evidence is superior to a circumstantial evidence. Evidence of consent or hand-writing is best given by the person consenting or the writer respectively.
6. Visit to Locus in quo
The class of evidence to which this type belongs is not certain. But in Guold v Evans and Co. (1957), Lord Denning expressed the view that a visit to locus in quo should be regarded as real evidence, character evidence, rebuttable and irrebuttable evidence, and evidence in chief. For our present purpose, it is classified as real evidence. The rationale for a visit to locus in quo is stated in section 127(1) of the Evidence Act, 2011 as follows; ―If oral evidence refers to the existence or condition of any material thing other than a document, the court may, if it deems fit—
(a) require the production of such material thing for its inspection, or
(b) inspect any moveable or immovable property the inspection of which may be material to the proper determination of the question in dispute.
All in all, although these were the types of evidence indicated in our discourse on classification and types of evidence, there are a lot more types of evidence. Indeed, classes or types of evidence cannot be exhausted. They include all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved – all species of proof legally presented at trial. Other examples are; admissible and non admissible evidence, expert evidence, just to mention a few.