Real Evidence
Definition
A physical object produced for inspection by the court. Examples include weapons, seized drugs, biological samples, and fingerprint lifts. Real evidence requires a documented chain of custody linking the object from the scene through to the courtroom.
- Category
- Physical evidence type
- Examples
- Weapons, seized drugs, fingerprint lifts
- Requirement
- Documented chain of custody
- Contrasted with
- Oral and documentary evidence
Common questions
Why does real evidence need a chain of custody when other evidence types do not have the same requirement?+
Because a physical object can be altered, contaminated, or substituted without leaving an obvious sign, courts require an unbroken documented record of who held it and when, so its condition at trial can be tied reliably back to the scene.
Can a photograph of a weapon serve as real evidence instead of the weapon itself?+
A photograph is documentary evidence, not real evidence. It can support real evidence or stand in when the object cannot be produced, but it is treated as a different evidentiary category with its own authentication rules.
Related terms
- Chain of Custody
- The documented chronological record of who collected, handled, transferred, and examined a piece of evidence. For digital evidence, chain of custody includes...
- Circumstantial Evidence
- Evidence that requires an inference to connect it to the fact in dispute. A forensic finding such as DNA concordance between a...
- Documentary Evidence
- Any document produced before a court to prove the truth of its contents. The category includes paper documents, electronic records, photographs, audio...
- Oral Evidence
- Testimony given in court by a witness under oath or affirmation. The witness speaks directly to the facts within their personal knowledge....
- Primary Evidence
- The best available form of a document, ordinarily the original itself. Under BSA 2023, electronic records certified under Section 63 are treated...