Evidence Act 1872 Section 2 Repeal of enactment &Section 3 Interpretation clause

 2. Repeal of enactments-[Repealed by the Repealing Act, 1938 (1 of 1938), section, 2 and Schedule.]

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 judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence.

"Fact", "Fact" means and includes-

(1) any thing, 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.

Actus reas covered in (1) physical facts

Mens rea covered in (2)- mental facts

Special note- existence of certain state of things is positive fact, the non- existence of it is negative 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, 3 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.

Difference between fact in issue and relevant fact:-

Fact in issue

Relevant Fact

Fact in issue are such principal facts of case.

Whereas relevant fact are not principal facts of a case but such facts are accessory facts.

Fact in issue are recorded or ascertain by the court on the basis of pleading or complaint or charge sheet together with relevant documents.

Whereas relevant facts are such facts mentioned under section 5 to 55 of evidence Act.

Fact in issue are such facts on which parties to the suit or proceeding differ or in dispute, upon which rights and liability of parties are depend.

Whereas relevant facts are such facts not itself disputed but on the basis of such fact existence or non- existence of fact-in-issue are to be proved.

"Document". "Document" 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 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" 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.

According to salmond: "Any such fact which possesses probative force is called evidence."

Types of the evidence:-

1. Corroborative & substantive evidence

2. Direct & indirect evidence

3. Oral & documentary evidence

4. Primary & secondary evidence

5. Presumptive evidence& derivative evidence

6. Testimonial & conclusive evidence

7. Best evidence, circumstantial evidence, hearsay evidence, original evidence, real & personal evidence C

Definition of circumstantial evidence:- evidence that tends to prove a fact by proving other events or circumstances which afford a basis for a reasonable

inference of the occurrence of the fact at issue Sharad Birdichand Sharda Vs State of Maharastra 1984 SC

KDA (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established, it may be noted here that this court indicated that the circumstances concerned 'must or should' and not 'may be established.

The following conditions must be fulfilled before a case against an accused can

be said to be fully established:

(2) The facts so established should be consistent only with the hypothesis of the guilt of the accused that is to save, they should not be explain ever on any other hypothesis except that the accused is guilty.

(3) the circumstances should be of a conclusive nature and tendency

(4) they should exclude every possible hypothesis except the one to be proved

(5) there must be the chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show in all human probability that must have been done by the accused,

Case- Har Prasad Vs. Shiv dayal 1876 I.A

Case- Pritam singh Vs. state of Punjab, 1956 S.C

Court held personal knowledge of judge can't be treated as evidence.consider only evidence produced before it.

"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.

"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, (but now whole territory of India) 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).

"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. Section 79 to 85C, 89, 111A, 113B, 114A

"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.