Evidence and proof in criminal procedure

Abstract

"Evidence may be defined as the means whereby a fact in controversy may be established or disproved. Evidence and testimony are not synonymous terms. The oral statement of a witness constitutes testimony. Evidence is a broader term, including not only testimony but also those other forms of evidence known as documentary and real". On the other hand, "proof is the basis for accepting a proposition as true. Evidence is the means of arriving at proof. Proof, then is the effect or result of evidence, rather than the evidence itself". Thus evidence is what is submitted before the Court to be accepted as proof - the law of evidence determines how facts may be proved and what facts may bot be proved, in a Court of law.