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What is section 3 and 4 of evidence act. -
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 Judges8 and Magistrates9 and all persons, except arbitrators, legally authorized 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.
EXPLAIN -
3. (understanding/ explanation)-clause.--_
.
In this Act the following words and expressions are used in the following senses, unless an opposite plan/purpose appears from the big picture: --
"Court".--_.
"Court" includes all Judges8 and Judges 9 and all people, except (referees or judges in an argument), legally approved to take (event(s) or object(s) that prove something). "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.
Drawings/pictures -
(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 plan/purpose, acts in good faith or illegally (because of lying and stealing), or uses a particular word in a particular sense, or is or was at a specified time aware of a particular feeling/excited feeling, is a fact.
(e) That a man has a certain reputation, is a fact.
In this Act the following words and expressions are used in the following senses, unless an opposite plan/purpose appears from the big picture: --
"Court".--_.
"Court" includes all Judges8 and Judges 9 and all people, except (referees or judges in an argument), legally approved to take (event(s) or object(s) that prove something). "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.
Drawings/pictures -
(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 plan/purpose, acts in good faith or illegally (because of lying and stealing), or uses a particular word in a particular sense, or is or was at a specified time aware of a particular feeling/excited feeling, 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,1
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” 2means 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 writing3
is a document;
3Words 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) 4
[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 excluding the State of Jammu and Kashmir.]
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).]
EXPLAIN -
"(clearly connected or related)". --
One fact is said to be clearly connected with or related to another when the one is connected with the other in any of the ways referred to in the (legal rules/food and supplies) of this Act relating to the (quality of being connected or related to something) 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, (something you owe/something you're responsible for/disadvantage), or disability, strongly defended/strongly expressed or denied in any suit or going ahead/moving forward, necessarily follows.
Explanation. --
Whenever, under the (legal rules) of the law for the time being in force relating to Civil Procedure,1 any Court records an issue of fact, the fact to be strongly defended/strongly expressed or denied in the answer to such issue is a fact in issue.
Drawings/pictures
A is (charged with a crime) of the murder of
B. At his trial the following facts may be in issue: --
That A caused B's death;
That A meant to cause B's death;
That A had received very bad/very serious and sudden encouragement (to fight) from B;
That A, at the time of doing the act which caused B's death, was, by reason of unsteadiness of mind, (unable to do something) of knowing its nature.
"Document". --
"Document" 2means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, meant to be used, or which may be used, for the purpose of recording that matter.
Drawings/pictures -
A writing3 is a document; 3Words printed lithographed or photographed are documents; A map or plan is a document; A written saying on a metal plate or stone is a document; An exaggerated picture is a document.
"(event(s) or object(s) that prove something)". --
"(event(s) or object(s) that prove something)" means and includes --
(1) all statements which the Court permits or needs/demands to be made before it by witnesses, in relation to matters of fact under question (or investigation); such statements are called oral (event(s) or object(s) that prove something);
(2) 4 [all documents including electronic records produced for the (careful examination of something) of the Court;] such documents are called fact-filled story or film (about an event or person) (event(s) or object(s) that prove something).
"Proved". --
A fact is said to be proved when, after (thinking about/when one thinks about) the matters before it, the Court; either believes it to exist, or thinks about/believes its existence so probable that a cautious and wise man ought, under the facts or conditions that surround the particular case, to act upon the assumption that it exists.
"Proved false". --
- A fact is said to be proved false when, after (thinking about/when one thinks about) the matters before it, the Court either believes that it does not exist, or thinks about/believes its non-existence so probable that a cautious and wise man ought, under the facts or conditions that surround the particular case, to act upon the assumption that it does not exist
One fact is said to be clearly connected with or related to another when the one is connected with the other in any of the ways referred to in the (legal rules/food and supplies) of this Act relating to the (quality of being connected or related to something) 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, (something you owe/something you're responsible for/disadvantage), or disability, strongly defended/strongly expressed or denied in any suit or going ahead/moving forward, necessarily follows.
Explanation. --
Whenever, under the (legal rules) of the law for the time being in force relating to Civil Procedure,1 any Court records an issue of fact, the fact to be strongly defended/strongly expressed or denied in the answer to such issue is a fact in issue.
Drawings/pictures
A is (charged with a crime) of the murder of
B. At his trial the following facts may be in issue: --
That A caused B's death;
That A meant to cause B's death;
That A had received very bad/very serious and sudden encouragement (to fight) from B;
That A, at the time of doing the act which caused B's death, was, by reason of unsteadiness of mind, (unable to do something) of knowing its nature.
"Document". --
"Document" 2means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, meant to be used, or which may be used, for the purpose of recording that matter.
Drawings/pictures -
A writing3 is a document; 3Words printed lithographed or photographed are documents; A map or plan is a document; A written saying on a metal plate or stone is a document; An exaggerated picture is a document.
"(event(s) or object(s) that prove something)". --
"(event(s) or object(s) that prove something)" means and includes --
(1) all statements which the Court permits or needs/demands to be made before it by witnesses, in relation to matters of fact under question (or investigation); such statements are called oral (event(s) or object(s) that prove something);
(2) 4 [all documents including electronic records produced for the (careful examination of something) of the Court;] such documents are called fact-filled story or film (about an event or person) (event(s) or object(s) that prove something).
"Proved". --
A fact is said to be proved when, after (thinking about/when one thinks about) the matters before it, the Court; either believes it to exist, or thinks about/believes its existence so probable that a cautious and wise man ought, under the facts or conditions that surround the particular case, to act upon the assumption that it exists.
"Proved false". --
- A fact is said to be proved false when, after (thinking about/when one thinks about) the matters before it, the Court either believes that it does not exist, or thinks about/believes its non-existence so probable that a cautious and wise man ought, under the facts or conditions that surround the particular case, to act upon the assumption that it does not exist
"Not proved". --
A fact is said not to be proved when it is neither proved nor proved false.
1 ["India". -- "India" means the (land area owned or controlled by someone) of India leaving out/keeping out the State of Jammu and Kashmir.]
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" will have the meanings (match up each pair of items in order) assigned to them in the Information Technology Act, 2000 (21 of 2000).]
A fact is said not to be proved when it is neither proved nor proved false.
1 ["India". -- "India" means the (land area owned or controlled by someone) of India leaving out/keeping out the State of Jammu and Kashmir.]
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" will have the meanings (match up each pair of items in order) assigned to them in the Information Technology Act, 2000 (21 of 2000).]
4. “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.
EXPLAIN -
4. "May assume". --
Whenever it is given by this Act that the Court may assume a fact, it may either regard such fact as proved, unless and until it is proved false, or may call for proof of it.
"Will assume". --
Whenever it is directed by this Act that the Court will assume a fact, it will regard such fact as proved, unless and until it is proved false.
"Definite proof". --
When one fact is declared by this Act to be definite proof of another, the Court will, on proof of the one fact, regard the other as proved, and will not allow (event(s) or object(s) that prove something) to be given for the purpose of proving false it.
Whenever it is given by this Act that the Court may assume a fact, it may either regard such fact as proved, unless and until it is proved false, or may call for proof of it.
"Will assume". --
Whenever it is directed by this Act that the Court will assume a fact, it will regard such fact as proved, unless and until it is proved false.
"Definite proof". --
When one fact is declared by this Act to be definite proof of another, the Court will, on proof of the one fact, regard the other as proved, and will not allow (event(s) or object(s) that prove something) to be given for the purpose of proving false it.
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