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2. [Repealed by the Repealing Act, 1938 (Act No. I of 1938), section 2 and Schedule.]
3. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:-
"Court" includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence.
"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.
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.
The expression "facts in issue" means and includesany 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" 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 3[and includes any digital record].
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.
4[“Digital record" or “electronic record” means any record, data or information generated, prepared, sent, received or stored in magnetic or electro-magnetic, optical, computer memory, micro film, computer generated micro fiche including audio, video, Digital Versatile Disc or Digital Video Disc (DVD), records of Closed Circuit Television (CCTV), drone data, records from cell phone, hardware, software or any other digital device as defined in Digital Security Act, 2018 (Act No. 46 of 2018)];
"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 produced for the inspection of the Court;
such documents are called documentary evidence.
5[(3) all materials or objects relating to blood, semen, hair, all body material, organ or part of organ, Deoxyribo Nucleic Acid (DNA), finger impression, palm impression, iris impression and foot print or any other similar material or object which may-
(i) establish that an offence has been committed or establish a link or relation between an offence and its victim or an offence and its offender; and
(ii) prove or disprove a fact:
such materials or objects are called physical or forensic evidence.]
6[“Digital Signature" or "electronic Signature" means any electronic signature as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006).
“Digital Signature Certificate" means any electronic signature certificate as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006).
“Certifying Authority" means Certificate Issuing Authority as defined in Information and Communication Technology Act, 2006 (Act No. 39 of 2006).]
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.
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.
A fact is said not to be proved when it is neither proved nor disproved
4. 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:
