Section 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 Judges9
and Magistrates10, and all persons, except arbitrators,
legally authorised to take evidence.
“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
(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,
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
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.
“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.
“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.
1[“India”. –– “India” means the territory of India .]
2[the expressions “Certifying Authority”, “3
[electronic signature]”, 4
[(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).]
“May presume”.––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”.––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.
“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.
Section 3 of the Indian Evidence Act
1. “Court”
- Definition: The term “Court” includes all Judges and Magistrates, as well as any persons legally authorized to take evidence, except arbitrators.
- Explanation: This means that the law applies to judicial bodies, such as civil and criminal courts, and also to any person authorized to take evidence in these courts. However, arbitrators (who handle alternative dispute resolution outside formal courts) are excluded from this definition.
2. “Fact”
A fact is anything that can be perceived by the senses (sight, hearing, smell, touch, taste), or any mental condition that a person is conscious of. It can refer to physical facts (like the existence of objects, events, or people) or mental facts (like intentions, beliefs, or emotions).
- Illustrations:
- That something is in a particular place or in a specific order is a fact.
- That someone heard or saw something is a fact.
- A person’s opinion or intention is also considered a fact.
- Reputation (whether good or bad) is a fact.
3. “Relevant”
A fact is relevant to another when the one is connected with the other in such a way that it proves or makes probable the existence or non-existence of the other. In legal proceedings, relevant facts are those facts that are connected in a way that they help establish whether a particular claim is true or not. If a fact can show the likelihood of another fact being true or false, it is considered relevant.
If a person was seen near the scene of a crime at a certain time, the fact that they were present is relevant to proving whether they could have committed the crime.
4. “Evidence”
Evidence includes all documents that are presented for the inspection of the court, and all oral statements that are made before the court by witnesses about facts related to the matter under inquiry.
Evidence can be of two types:
- Documents: Written or recorded materials (e.g., contracts, receipts, emails, etc.).
- Oral statements: Testimonies from witnesses, where they speak about what they know or have observed in relation to the case.
5. “Proved”
A fact is considered proved when, based on the available evidence, the court is convinced that the fact is true. In the case of documents, it means that the document is genuine and not forged. To prove a fact, there must be sufficient evidence to establish it beyond reasonable doubt. In the case of documents, a document must be shown to be authentic (not tampered with).
If a person’s signature on a document is contested, evidence must be presented to confirm that the signature is theirs, proving the document’s authenticity.
6. “Disproved”
A fact is disproved when, based on the evidence, the court is convinced that the fact is false. In the case of documents, it means that the document is proven to be forged or altered.
When evidence is presented that contradicts a fact, or when a document is shown to be false, it is considered disproved.
If a person claims they signed a contract but evidence (like a handwriting expert’s opinion) shows that they didn’t, the fact of their signature is disproved.
7. “Not Proved”
A fact is not proved when the court does not have enough evidence to decide whether the fact is true or false.
When there is insufficient evidence, the fact is neither proved nor disproved. It remains undetermined.
If a person claims they were somewhere at a certain time, but there is no clear evidence to support or contradict the claim, it remains “not proved.”
If a witness claims they saw someone at a specific place but no other evidence (like security footage or other witnesses) can verify this, the fact remains not proved.
Example of a Proved Fact:
If a person witnesses a robbery and can identify the thief, and their testimony is consistent and credible, the fact that the defendant is the thief is proved by the witness’s testimony.
Example of a Disproved Fact:
If the defendant claims they were at a certain location at the time of the crime, but there is video footage proving they were elsewhere, this claim is disproved.
Example of a Not Proved Fact:
If a witness claims they saw someone at a specific place but no other evidence (like security footage or other witnesses) can verify this, the fact remains not proved.
8. “May Presume”
When a court is empowered to may presume a fact, it means the court has the discretion to treat a fact as true based on the existing evidence. The court may choose to either accept or reject the presumption, depending on the case’s merits.
The court may presume that a person was in a certain place at a certain time, but it is up to the court to decide whether to treat it as a fact based on available evidence.
9. “Shall Presume”
When a court shall presume a fact, it means the court must accept the fact as true unless evidence is presented to disprove it. This is a mandatory presumption that the court cannot ignore.
If a document is a negotiable instrument (like a promissory note), the court shall presume its authenticity unless evidence proves otherwise.
10. “Conclusive Proof”
Conclusive proof refers to a fact that is legally binding once proven, and no evidence can be introduced to dispute it. The fact becomes irrefutable in court proceedings. A marriage certificate issued under the Special Marriage Act is conclusive proof of the marriage, and no evidence can be presented to dispute it once the certificate is shown.
| Term | Definition |
|---|---|
| Court | Includes Judges, Magistrates, and other persons authorized to take evidence, excluding arbitrators. |
| Fact | Anything perceptible by the senses or a mental condition of which a person is conscious. |
| Relevant | A fact is relevant if it proves or makes probable another fact. |
| Evidence | Documents or oral statements presented to the court in relation to the facts under inquiry. |
| Proved | A fact is proved when the evidence establishes that the fact is true. |
| Disproved | A fact is disproved when evidence shows it is false. |
| Not Proved | A fact is not proved when there is insufficient evidence to establish its truth or falsity. |
| Term | Definition | Example |
|---|---|---|
| May Presume | The court may treat a fact as true, but it is not required to. It is a discretionary presumption. | The court may presume that a person intended to commit a crime based on their actions, but can decide not to if further evidence contradicts it. |
| Shall Presume | The court must treat a fact as true unless proven otherwise. It is a mandatory presumption. | A negotiable instrument (e.g., promissory note) is presumed authentic unless evidence proves that it was forged. |
| Conclusive Proof | A fact is irrefutable once proven; no evidence can disprove it. | A marriage certificate under the Special Marriage Act is conclusive proof of the marriage, and no evidence can challenge its authenticity. |
Legal Disclaimer:
This explanation is for informational purposes and does not constitute legal advice. For specific legal issues, please consult a qualified legal professional.
