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Unit 2

This document defines key terms used in evidence law such as fact, relevant fact, fact in issue, document, evidence, proved, disproved, and not proved. It provides explanations and illustrations for each term. Facts can be physical or psychological, and proved or disproved. A fact in issue is one that is disputed and essential to determining a legal issue. Relevant facts are connected to facts in issue in certain ways outlined in evidence law sections. A document is any expression on a substance using letters, figures or marks. Evidence includes oral statements in court and documents produced for the court.

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64 views

Unit 2

This document defines key terms used in evidence law such as fact, relevant fact, fact in issue, document, evidence, proved, disproved, and not proved. It provides explanations and illustrations for each term. Facts can be physical or psychological, and proved or disproved. A fact in issue is one that is disputed and essential to determining a legal issue. Relevant facts are connected to facts in issue in certain ways outlined in evidence law sections. A document is any expression on a substance using letters, figures or marks. Evidence includes oral statements in court and documents produced for the court.

Uploaded by

anjni gupta
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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UNIT II

SECTION 3 DEFINITIONS
Course Outline

Understanding the meaning attested to the various


terms such as:
 Fact;
 Relevant;
 Fact in issue;
 Document;
 Evidence;
 Proved; Disproved; Not proved.
“Fact.”–

 “Fact” means and includes–


 (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.

 Illustrations - Read from Bare Act.

 The facts may be


 physical [Illustrations (a), (b) and (c)) or
 psychological [Illustrations (d) and (e)].

 The state of a person's health is a fact. It has been said that "a state of man's mind is
as much a fact as the state of his digestion".

 The psychological facts can only be proved by circumstantial evidence.

 The facts may be positive or negative. The existence of a certain state of things is a
positive fact; the non-existence of it is a negative fact
“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, 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- Read from Bare Act

 A fact in issue is called the principal fact or factum probandum.


 It is the fact which is sought to be proved. Facts, which are in dispute, are
facts in issue. Evidence becomes necessary only in reference to such facts.
Further, these are the facts which constitute the right or liability.
 Thus, every fact which a plaintiff must prove in order to get an
adjudication in his favour, or which a defendant may prove to defeat
the suit, becomes a fact in issue.
 It depends upon the ingredients of the offence and the state of the parties'
pleadings.
 For example, the action is for the tort of negligence, such of the ingredients of
liability for negligence, which are in dispute, shall be the facts in issue.

 In criminal matters, the allegations in the charge sheet constitute


the facts in issue.

 In civil matters, the process of ascertaining facts.in issue is known


as 'framing' issues. The 'issue of fact' under CPC is equal to the 'fact
in issue' of the Evidence
“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.

 Of all the rules in evidence the most important is that the evidence adduced should be
confined only to the matters which are in dispute, or which form the subject of
investigation.

 However, every facts connected with 'facts in issue' is not relevant, unless the said fact
is connected with 'facts in issue' in the same way as described in section 6-55 of IEA
(Section 5).

 Categories of relevant facts are:


 1. Facts forming part of same transactions
 2. Certain Statements like admission, confession or dying declarations
 3. Earlier judgment pertaining to the said cause of action
 4. Opinion of expert of facts disputed
 5. Character of parties
 Relevancy vs Admissibility- Relevant Sections- Section 5, 136,
165 (and Exception sections like Explanation to section 5, 27,
52-55, 65, 120-129 etc., section 162, 164 CRPC) etc.

 Ram Bihari Yadav vs State of Bihar- Not synonymous

 Both relevancy and admissibility depends on strict legal


principle of evidence laws.

 Webinar link:
https://www.youtube.com/watch?v=HWI0jC1Db9s&t=1163s
“Document.”

 Defined under the Act as- 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
Document.

 It could be read as:

 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.
Example-
 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.
 Section 3 also defines documentary evidence.

Section 64- Documents must be proved by primary


evidence except as given under section 65.
Other relevant sections: Section 59, chapter V and VI.
“Proved”, “Disproved” and “Not proved”

 “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.
Proving of evidences:
 Oral evidence- Section 137 (Chapter 23 CRPC, Order 10 CPC)
 Documentary Evidence- Section 136, 162, 163 (also Order 13, O. 5
R. 3, CPC and section 87, 61-69 CRPC)

Standard of proof
 Civil trial- Preponderance of probability
 Criminal trial- Beyond reasonable doubt

Webinar link: https://


www.youtube.com/watch?v=KZCy3blM8PY
“Evidence.”

 The word 'Evidence' has been derived from the Latin word 'evidere‘.
 which implies to show distinctly, to discover clearly, to make plainly certain, to
ascertain, to prove.

 According to Sir Blackstone, 'Evidence' signifies that which demonstrates, makes


clear or ascertain the truth of the facts or points in issue either on one side or the
other.

 Section 3 defines it as: “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.

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