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Indian Evidence Act 1872 Part 1

Title: Relevancy of Facts

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 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. "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,.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....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 on 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. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' 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. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Evidence Act 1872 Chapter 2

Title: Of the Relevancy of Facts

State: Central

Year: 1872

..... _______________________ 1. See now the Code of Civil Procedure, 1908 (5 of 1908) Section 6 - Relevancy of facts forming part of same transaction Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not.....

Indian Evidence Act 1872 Section 32

Title: Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant

State: Central

Year: 1872

.....procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document.....

Indian Evidence Act 1872 Chapter 1

Title: Preliminary

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 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. "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,.....

Indian Evidence Act 1872 Section 3

Title: Interpretation Clause

State: Central

Year: 1872

.....the Information Technology Act, 2000.] ________________ 1. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), section 2, the Indian Penal Code (Act 45 of 1860), section 19; and, for a definition of "District Judge", the General Clauses Act, 1897 (10 of 1897), section 3 (17). 2. Cf. the General Clauses Act, 1897 (10 of 1897), section 3 (32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). 3. See now the Code of Civil Procedure, 1908 (5 of 1908) as to the settlement of issues, See Schedule I, Order XIV. 4. Cf. the Indian Penal Code (Act 45 of 1860), section 29 and the General Clauses Act, 1897 (10 of 1897), section 3 (18). 5. Cf. definition of "writing in the General Clauses Act, 1897 (10 of 1897), section 3 (65). 6. Substituted by Act 21 of 2000, section 92 and Schedule II, for "all documents produced for the inspection of the Court." (w.e.f. 17-10-2000). 7. Substituted by Act 3 of 1951, section 3 and Schedule, for the definition of "State" and "States", which was inserted by the A.O. 1950. 8. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000). 9. Substituted vide IT Amendment Act, 2008 prior text was "Digital Signature" .....