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Indian Evidence Act, 1872 · Chapter I: Preliminary

Section 3: Interpretation-clause

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BSA section 2 (Definitions)

In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:–– “Court.”––“Court” includes all Judges9 and Magistrates10, and all persons, except arbitrators, legally authorised to take evidence. “Fact.”––“Fact” means and includes––(1) anything, state of things, or relation of things, capable of being perceived by the senses;

(2) any mental condition of which any person is conscious.

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact.

“Relevant.” ––One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. “Facts in issue.”––The expression “facts in issue” means and includes–– any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.

Explanation.––Whenever, under the provisions of the law for the time being in force relating to Civil Procedure,1 any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue.

Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:–– that A caused B’s death; that A intended to cause B’s death; that A had received grave and sudden provocation from B; that A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable of knowing its nature. “Document.”––“Document”2 means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations A writing3 is a document; 3Words printed lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document. “Evidence.”––“Evidence” means and includes––

(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;

(2) [all documents including electronic records produced for the inspection of the Court] ; such documents are called documentary evidence. “Proved.”––A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. “Disproved.”––A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. 2. Cf. the Indian Penal Code (Act 45 of 1860), s. 29 (w.e.f. 1-5-1861) and the General Clauses Act, 1897 (10 of 1897), s. 3 (18)

“Not proved.”––A fact is said not to be proved when it is neither proved nor disproved. [“India.”––“India” means the territory of India excluding the State of Jammu and Kashmir.] [the expressions “Certifying Authority”, “[electronic signature]”, [(Electronic Signature Certificate], “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 3