4. May Presume-

Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

Shall presume–

Whenever it s directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it disproved.

Conclusive proof–

When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

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Section 4 Evidence Act
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112. Birth during marriage, conclusive proof of legitimacy.

The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.

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Section 112 Evidence Act
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159. Refreshing memory.

A witness may, while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.

The witness may also refer to any such writing made by any other person and read by the witness within time aforesaid, if when he read it he knew it to be correct.

When witness may use copy of document to refresh his memory-

Whenever a witness may refresh his memory by reference to any document he may with the permission of the Court refer to a copy of such document;
Provided the Court be satisfied that there is sufficient reason for the non-production of the original.
An expert may refresh his memory by reference to professional treatises.

Objection to check records not legal-

Objection to check records or entries by investigating officer is not legal and liable to be rejected.
Related Case- State of Karnataka v. K. Yanappa Reddy 2000.

Read Next:
1. Law Note: What Is Refreshing Memory Under Evidence Act
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Section 159 Evidence Act
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1. Short title, extent and commencement.

This Act may be called the Indian Evidence Act, 1872.
It extends to the whole of India except the State of Jammu & Kashmir and applies to all judicial proceedings in or before any Court, including Court Martial, other than Court Martial convened under the Army Act, the Naval Discipline Act, or the Indian Navy (Discipline) Act, 1934, or the Air Force Act but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator;

Commencement of Act – And it shall come into force on the first day of September, 1872.

(The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).)

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2. Repeal of enactments.

This section was repealed by the Repealing Act 1938.

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3. Interpretation Clause.

In this Act the following words and expressions are used in the following sense. Unless a contrary intention appears from the context-

Court-

Includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.

Fact-

Fact means and includes-
i) any thing, state of things, or relation of things, capable of being perceived by the senses.
ii) any mental condition of which any person is conscious.
For Example-
That there are certain objects arranged in a certain order in a certain place, is a fact.
That a man heard or saw something, is a fact.
That a man said certain words, is a fact.
That a man has a certain reputation, is a fact.
That a man holds a certain opinion is a fact.
Man has a certain intention is a fact.
Man acts in goods faith or acts fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars sensation, are all facts.

Relevant-

Relevant simply means ‘Appropriate to the time, period or circumstances.’
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-

Simply speaking, WHEN PLAINTIFF MENTIONS A FACT AND THE OTHER PARTY DENIES IT, THIS GIVES RISE TO FACTS IN ISSUE.
According to the act 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 on any suit or proceeding, necessarily follows.

Explanation-
Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, 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-
Ramesh is accused for the murder of Jignesh.
At the trial the following facts may be in issue-
That Ramesh caused Jignesh’s death.
That Ramesh had the intention to cause Jignesh’s death.
That at the time of murder Ramesh was out of town.
All the above are facts related to this case.

Documents-

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.
Simply understand that ‘A WRITING IS A DOCUMENT’. Map, plans, sketches, prints, photographs etc are all documents.

Illustrations-
A writing is a document.
Words 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-

Simply evidence means PROOF, CONFIRMATION. In Hindi SABOOT.
Evidence can be oral evidence or documentary evidence.

Oral evidence- all statements which the Court permits or requires to be made orally before it by witnesses, in relation to matters of fact under inquiry.
Documentary evidence- all document including electronic records produced for the inspection by the Court.

Proved-

Court believes the facts to exist or considers its existence so probable(most likely; expected) that a normal man, under the circumstances of particular case assumes it to exist.

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-

Court believes that the facts do not exist or considers its existence so probable that a normal man, under the circumstances of particular case assumes it to not exist.

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.

Not Proved-

When a fact is neither proved nor disproved then it is said to be not proved.

Lastly,
India means the territory of India excluding the state of Jammu & Kashmir.

The expressions— Certifying Authority, Digital Signature, Digital 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.

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Section 3 Evidence Act
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5. Evidence may be given of facts in issue and relevant facts.

Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts which are declared to be relevant, and of no others.
Note- This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.

Illustrations-
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue:-
A’s beating B with the club;
A’s causing B’s death by such beating;
A’s intention to cause B’s death.

(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of he proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Producer.

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Section 5 Evidence Act
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6. Relevancy of facts forming part of same transaction.

Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

Illustrations-
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly or after it as to form part of the transaction and is a relevant fact.

(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them.

(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself.

(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

Related Law Note: Res Gestae under Section 6 of the Indian Evidence Act

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Section 6 Evidence Act
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7. Facts which are occasion, cause or effect of facts in issue.

Facts which are occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations-
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third persons are relevant.

(b) The question is whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is whether A Poisoned B.
The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

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Section 7 Evidence Act
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8. Motive preparation and previous or subsequent conduct.

Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation 1-
The word “conduct” in this section does not include statements unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Act.

Explanation 2-
When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations-
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and B had tried to had extort money from A by threatening to make his knowledge public, are relevant.

(b) A sues B upon a bond for the payment of money. B denies the making of the bond.
The fact that, at the time when the bound was alleged to be made, B required money for a particular purpose, is relevant.

(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant.

(d) The question is, whether a certain document is the will of A.
The facts that, not long before the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate that the consulted Vakils in reference to making the will, and that he caused drafts or other wills to be prepared of which he did not approve, are relevant.

(e) A is accused of a crime.
The acts that, either before or at the time of, or after the alleged crime, A proved evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in and A’s presence – “the police are coming to look for the man who robbed B” and that immediately afterwards A ran away, are relevant.

(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing – “I advise you not to trust A, for he B 10,000 rupees,” and that A went away without making any answer, are relevant facts.

(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal and the contents of the letter, are relevant.

(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of property of the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing if, are relevant.

(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant.

The fact that, without, making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the circumstances under which, and the terms in which the complaint was made, are relevant.

The fact that he said he had been robbed, without making any complaint, is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as corroborative evidence under section 157.

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Section 8 Evidence Act
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