PRELIMINARY – INDIAN EVIDENCE ACT
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 Courts-martial, other than Courts-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).)
2. Repeal of enactments.
This section was repealed by the Repealing Act 1938.
3. Interpretation Clause.
This section has basic legal definitions. The words may seem fancy but it is just simple definitions.
In this Act the following words and expressions are use in the following sense. Unless a contrary intention appears from the context-
Includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
When a fact is neither proved nor disproved then it is said to be not proved.
India means the territory of India excluding the
state (UT) 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.
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.
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.
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.