Circumstantial evidence

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

S. ABDUL NAZEER; J., B.R. GAVAI; J., A.S. BOPANNA; J., V. RAMASUBRAMANIAN; J., 

B. V. NAGARATHNA; J.

CRIMINAL APPEAL NO. 1669 OF 2009; 15 December, 2022

NEERAJ DUTTA versus STATE (GOVT. OF N.C.T. OF DELHI)

35. Evidence that does not establish the fact in issue directly but throws light on the

circumstances in which the fact in issue did not occur is circumstantial evidence (also

called inferential or presumptive evidence). Circumstantial evidence means facts from

which another fact is inferred. Although circumstantial evidence does not go to prove

directly the fact in issue, it is equally direct. Circumstantial evidence has also to be proved

by direct evidence of the circumstances