Definitions

Court: According to section 3 of the Evidence Act, 1872 “court” includes all judges and magistrates, and all person, except arbitrators, legally authorized to take evidence.

Fact: According to section 3 of the Evidence Act, 1872 fact means and includes-

1. anything, state of things, or relation of things, capable of being perceived by the sense.

2. any mental condition of which any person is conscious.

Example: A person heard or saw something, is a fact. A man said a certain words, is a fact.

Relevant: According to section 3 of the Evidence Act, 1872 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.

Chapter two of the evidence Act is about relevancy of facts.

Example: A is accused of the murder of B. Here following questions may be relevant fact:-

1. A had threatened B that he will kill him.

2. A and B are the leaders of two separate political party.

Fact in issue: According to section 3 of the Evidence Act, 1872 the expression “fact in issue’ means and includes any fact from which, either by itself or in connection with other fact, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.

Fact in issue is the principal fact of the case. In a case, must have one or more fact in issue.

Example: A is accused for the murder of B. Here following questions may be fact in issue:-

1.     That A caused B’s death.

2.     That A intended to cause B’s death.

Document: According to section 3 of the Evidence Act, 1872 the term “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.

Proved, disproved and not proved:

Proved: According to section 3 of the Evidence Act, 1872 a fact is said to be proved when, after considering the matters, the court 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: According to section 3 of the Evidence Act, 1872 a fact is said to be disproved when, after considering the matters, the court believes 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 exists.

Not proved: According to section 3 of the Evidence Act, 1872 a fact is said not to be proved when it is neither proved nor disproved.

May presume, shall presume and conclusive proof (section-4):

May presume: Section 4 of the Evidence act, 1872 states that 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: Section 4 of the Evidence act, 1872 states that whenever it is provided 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: Section 4 of the Evidence act, 1872 states that where one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.