SECTIONS INDIAN EVIDENCE ACT, BHARATIYA SAKSHYA CHANGES JUDGEMENT
1872 ADHINIYAM, 2023
PREAMBL Whereas it is
E expedient to
consolidate, define
and amend the Law
of Evidence; It is
hereby enacted as
follows:—
1
This Act may be (1) This Act may
called the Indian be called
Evidence Act, the Bharatiya
1872. Sakshya
Adhiniyam, 2023.
It extends to [the
whole of India] (2) It applies to
and applies to all all judicial
judicial proceedings in or
proceedings in or before any Court,
before any Court, including Courts-
including Courts- martial, but not to
martial, [other affidavits presented
than Courts- to any Court or
martial convened officer, nor to
under the Army proceedings before
Act] (44 & 45 an arbitrator.
Vict., c. 58), the
(3) It shall come
[Naval Discipline
into force on such
Act (29 & 30 Vict.,
date as the Central
c. 109) or [* * *]
Government may,
the Indian Navy
by notification in the
(Discipline) Act,
Official Gazette,
1934 (XXXIV of
appoint.
1934),] or the
[Air Force Act] (7
Geo. 5, c. 51) but
not to
affidavits present
ed to any Court or
Officer, nor to
proceedings
before an
arbitrator;
And it shall come
into force on the
first day of
September, 1872.
2
1) In this
Adhiniyam, unless
the context
otherwise requires,
—
(a) “Court”
includes all
Judges and
Magistrates,
and all
persons,
except
arbitrators,
legally
authorised to
take
evidence;
Corresponding
Law: S. 3 of Act 1 of
1872.
(b) “conclusive
proof” means
when one
fact is
declared by
this
Adhiniyam 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;
Corresponding
Law: S. 4 of Act 1 of
1872.
(c) “disproved”
in relation to
a fact, means
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
circumstance
s of the
particular
case, to act
upon the
supposition
that it does
not exist;
Corresponding
Law: S. 3 of Act 1 of
1872.
(d) “document”
means any
matter
expressed or
described or
otherwise
recorded
upon any
substance by
means of
letters,
figures or
marks or any
other means
or by more
than one of
those means,
intended to
be used, or
which may
be used, for
the purpose
of recording
that matter
and includes
electronic
and digital
records.
Corresponding Law: S. 3
of Act 1 of 1872. (e)
“evidence” means and
includes— (i) all
statements including
statements given
electronically which the
Court permits or requires
to be made before it by
witnesses in relation to
matters of fact under
inquiry and such
statements are called oral
evidence4; (ii) all
documents including
electronic or digital5
records produced for the
inspection of the Court
and such documents are
called documentary
evidence; Corresponding
Law: S. 3 of Act 1 of
1872. (f) “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.
Corresponding Law: S. 3
of Act 1 of 1872 (g)
“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, 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.
Corresponding Law: S. 3
of Act 1 of 1872. (h)
“may presume”.—
Whenever it is provided
by this Adhiniyam 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; Corresponding
Law: S. 4 of Act 1 of
1872. (i) “not proved”.—
A fact is said to be not
proved when it is neither
proved nor disproved;
Corresponding Law: S. 3
of Act 1 of 1872. (j)
“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; Corresponding
Law: S. 3 of Act 1 of
1872. (k) “relevant”.—A
fact is said to be relevant
to another when it is
connected with the other
in any of the ways
referred to in the
provisions of this
Adhiniyam relating to the
relevancy of facts;
Corresponding Law: S. 3
of Act 1 of 1872. (l)
“shall presume”.—
Whenever it is directed by
this Adhiniyam that the
Court shall presume a
fact, it shall regard such
fact as proved, unless and
until it is disproved.
Corresponding Law: S. 3
of Act 1 of 1872. (h)
“may presume”.—
Whenever it is provided
by this Adhiniyam 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; Corresponding
Law: S. 4 of Act 1 of
1872. (i) “not proved”.—
A fact is said to be not
proved when it is neither
proved nor disproved;
Corresponding Law: S. 3
of Act 1 of 1872. (j)
“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; Corresponding
Law: S. 3 of Act 1 of
1872. (k) “relevant”.—A
fact is said to be relevant
to another when it is
connected with the other
in any of the ways
referred to in the
provisions of this
Adhiniyam relating to the
relevancy of facts;
Corresponding Law: S. 3
of Act 1 of 1872. (l)
“shall presume”.—
Whenever it is directed by
this Adhiniyam that the
Court shall presume a
fact, it shall regard such
fact as proved, unless and
until it is disproved.
Corresponding Law: S. 4
of Act 1 of 1872.
-------------------------------
-------------------------------
-------------------------------
-------------------------------
-------------------------------
© 2024 EBC Publishing
Pvt. Ltd., Lucknow. SCC
Online Web Edition:
[Link]
Printed For: Deb
1120192010, Himachal
Pradesh National Law
University Page 14
Friday, June 07, 2024
SCC Online Web Edition,
© 2024 EBC Publishing
Pvt. Ltd. (2) Words and
expressions used herein
and not defined but
defined in the Information
Technology Act, 2000 (21
of 2000), the Bharatiya
Nagarik Suraksha
Sanhita, 2023 and the
Bharatiya Nyaya Sanhita,
2023 shall have the same
meanings as assigned to
them in the said Act and
Sanhitas.