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[Act No. I OF 1872]

 

THE INDIAN EVIDENCE ACT, 1872

 

WHEREAS it is expedient to consolidate, define and amend the Law of Evidence. It is hereby enacted as follows :—

 

PART I

 

Relevancy of Facts

 

CHAPTER I

 

PRELIMINARY

 

1. Short title—This Act may be called the Indian Evidence Act, 1872.

 

Extent—It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, including Courts-martial other than Courts-martial convened under the Army Act, the Naval Discipline Act or the Indian Navy (Discipline) Act, 1934, or the Air Force Act but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.

 

commencement of Act—And it shall come into force on the first day of September, 1872.

 

2. Repealed.

 

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 Judges and Magistrates, 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, 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.

 

 

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