The whole base of the Indian Evidence Act is pillared on four questions:
1. WHAT IS EVIDENCE GIVEN FOR?
Answer: Evidence is given for Facts (Facts in Issue and Relevant Facts). Note that evidence is not given for Law.
2. HOW ARE THE EVIDENCE FOR FACTS GIVEN?
Answer: Evidence for facts is given orally called Oral Evidence, or by proper documents called Documentary Evidence.
3. ON WHOM DOES THE BURDEN OF PROOF LIES?
Answer: Burden of Proof generally lies on the Plaintiff; that is the party introducing the suit.
Note: There are several instances when burden of proof lies on the defendant. For example, in rape complaints, the defendant (against whom the case has been filed) has the burden to prove that he is innocent.
4. WHAT CAN HAPPEN WITH FACTS? / WHAT IS THE EVALUATION OF FACTS?
Answer: The fact is either:
A. 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.
B. 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 not to exist.
C. not proved: When a fact is neither proved nor disproved then it is said to be not proved.
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