THE INDIAN EVIDENCE ACT, 1872 CHAPTER 1 – PRELIMINARY

THE INDIAN EVIDENCE ACT, 1872

PART I
RELEVANCY OF FACTS
CHAPTER I – PRELIMINARY

1. 1.Short title. –– This Act may be called the Indian Evidence Act, 1872.
   Extent. –– It extends to the whole of India 2[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, other than Courts-martial convened under the Army Act (44 & 45 Vict., c. 58)] 4[the Naval Discipline [29 & 30 Vict., 109] Act or the Indian Navy (Discipline) Act, 1934 (34 of 1934),] 6[or the Air Force Act (7 Geo. 5, c. 51)] but not to affidavits7 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.
2. 2.[Repeal of enactments.] –– Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
3. 3.Interpretation-clause.––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 Judges8 and Magistrates9 and all persons, except arbitrators, legally authorized to take evidence.
   “Fact”.–– “Fact” means and includes ––
4. (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.
5. 
   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.
6. “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.
7. “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,
8. non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
9. 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.
11. Illustrations
12. A is accused of the murder of B.
13. At his trial the following facts may be in issue: ––
14. That A caused B’s death;
15. That A intended to cause B’s death;
16. That A had received grave and sudden provocation from B;
17. That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable
18. of knowing its nature.
19. “Document”. ––“Document” 2means 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.
21. Illustrations
22. A writing3 is a document;
23. 3Words printed lithographed or photographed are documents;
24. A map or plan is a document;
25. An inscription on a metal plate or stone is a document;
26. A caricature is a document.
27. “Evidence”. ––“Evidence” means and includes ––
28. (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;
29. (2) all documents including electronic records produced for the inspection of the Court;] such documents are called documentary evidence.
30. “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.
31. “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.
32. “Not proved”. –– A fact is said not to be proved when it is neither proved nor disproved.
33. 1[“India”. –– “India” means the territory of India excluding the State of Jammu and Kashmir. the expressions “Certifying Authority”, “3[electronic signature]”, 4[(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).]
34. 4.“May presume”. –– Whenever it is provided by this Act that the 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 is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is 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.