PRELIMINARY – SECTION 1-4 OF EVIDENCE ACT, CHAPTER I IN: INDIAN EVIDENCE ACT, 1872

 SO NOW LET'S START  OUR MAIN CONTENT OF INDIAN EVIDENCE ACT AS YOU GUYS HAVE SEEN THE MAIN BLOG IF NOT CLICK HERE. WE HAVE DISCUSSED THE OVERVIEW OF EVIDENCE ACT AND NOW WE ARE GOING TO GET DEEP INTO THE SECTIONS OF EVIDENCE BARE ACT, 1872. HERE IN THE 2ND BLOG OF OUR WEBSITE, WE WILL BE DISCUSSING THE PRELIMINARY SECTIONS OF THE INDIAN EVIDENCE ACT, 1872.

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PART 1st - RELEVANCY OF FACTS

CHAPTER -1 PRELIMINARY  (SECTION 1-4)

OF INDIAN EVIDENCE ACT,1872

SECTION -1  Short title, extent and commencement.

APPLICABILITY - TO APPLY ALL OVER INDIA AS OTHER LAWS APPLY OVERALL INDIA IN THE SMA EWAY INDIAN EVIDENCE ACT,1872  APPLY ALL OVER INDIA.

IT APPLY TO ALL JUDICIAL PROCEEDINGS IN OR BEFORE ANY COURT INCLUDING COURT-MARTIAL 

AS USUAL, EXCEPTIONS ARE 

• THE ARMY ACT, 1950
• INDIAN NAVY DISCIPLINE ACT, 1934 
• AIR FORCE ACT

ALSO, THE INDIAN EVIDENCE ACT IS NOT APPLICABLE TO 

• AFFIDAVITS PRESENTED TO ANY COURT OR OFFICER 
• PROCEEDINGS BEFORE AN ARBITRATOR OR TRIBUNAL 

 BEFOREHAND IT WAS NOT APPLICABLE BUT AFTER THE REMOVAL OF ARTICLE 370 OF THE CONSTITUTION OF INDIA IT IS NOW APPLICABLE IN JAMMU AND KASHMIR ALSO. 

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SECTION -2  REPEAL OF ENACTMENTS

THIS SECTION WAS REPEALED BY THE THE REPEALING ACT 1938.

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SECTION -3  INTERPRETATION CLAUSE 

                       (DEFINED WORDS)

THIS SECTION INCLUDES BASIC DEFINITIONS OF THE WORDS ACROSS THE INDIAN EVIDENCE ACT,1872.

 

COURT - COURT INCLUDES ALL JUDGES & MAGISTRATES & ALL THE PERSONS, EXCEPT ARBITRATORS & LEGALLY AUTHORIZE TO TAKE EVIDENCE.

FACT - FACT MEANS AND INCLUDES 

• ANYTHING, STATE OF THING, OR RELATION OF THINGS, CAPABLE OF BEING PERCEIVED BY SENSES. ( IN SIMPLE - KOI CHIZ, KISI CHIZ KI STATE, CHIZO KA APAS ME RISHTA JO KI SAMJHA JAA  SAKE SENSES KI MADAD SE)
• ANY MENTAL CONDITION  OF WHICH ANY PERSON IS CONSCIOUS.              

SOME EXAMPLES FOR YOU TO UNDERSTAND BETTER:-

• THAT THERE ARE CERTAIN OBJECTS ARRANGEDIN ACERTAIN ORDERIN A CERTAIN PLACE IS A FACT.
• THAT A MAN HEARD OR SAW SOMETHING , IS A FACT.

RELEVANT-  IT SIMPLY MEANS THAT THE IT IS RELATED TO THE TIME, PERIOD OR CIRCIMSTANCES.

ONE FACT IS SAID TO BE RELEVANT TO ANOTHER WHEN THE ONE IS CONNECTED WITH THE IN ANY OF THE WAYS TO BE REFFRED TO IN THE PROVISONS OF THIS ACT RELATING TO THE RELEVANCY OF FACTS. 

(IN SIMPLE AGAR KOI CHIZ KISI CHIZ SE RELEVANT LAGTI HAI CHAAHE JIS BHI CHIZ ME HO USE HUM RELEVANT KAHENGE).

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FACTS IN ISSUE:- THE EXPRESSION FACTS IN ISSUE MEANS AND                                                    INCLUDES :-

(IN SIMPLE WHEN PLANTIFF STATES ANY FACT AND THE OTHER PARTY DENIES IT THAT GIVE RISE TO FACTS IN ISSUE.)

ANY FACT FROM WHICH , EITHER BY ITSELF OR IN NCONNECTION OF OTHER FACTS, THE EXISTENCE , NATURE OR EXTENT OF ANY RIGHT , LIABILITY OR DISABILITY, ASSERTED OR DESIRED IN ANY SUIT OR PROCEEDINGS , NECCESARY 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.

ILLUSTRATION:-

Ramesh is accused for the murder of Jignesh.
At the trial the following facts may be in issue-
That Ramesh caused Jignesh’s death.
That Ramesh had the intention to cause Jignesh’s death.
That at the time of murder Ramesh was out of town.
All the above are facts related to this case.

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DOCUMENT:- I DONT THINK YOU ALL WOULD READ THIS PART AS BEING LAW SCHOOL STUDENT WHAT DOCUMENTS ARE STILL THEN SOME EXAMPLES ARE - WRITING, PHOTO, MAP, PLANS, SKETHCHES, PRINT, ETC.

EVIDENCE :-  HEREV COMES THE MOST AWAITED TERM THE EVIDENCE THE MEANING OF EVIDENCE CANNOT BE CINCLUDED IN 3-4 LINES BUT ITS A VAST TOPIC LETS KNOW IT TOGETHER 

IN SIMPLE EVIDENCE IS AND PROOF WHICH GIVES US CONFIRMATION ABOUT ANY SITUATION.

IT CAN BE BOTH WRITTEN OR ORAL 

  - ORAL EVIDENCE INCLUDES ALL STATEMENTS WHICH THE COURT PERMITS OR REQUIRES TO BE MADE ORALLY BY THE WITNESESS IN RELATION TO MATTER OF  FACT UNDER ENQUIRY.

  - WRITTEN EVIDENCE INCLUDES ALL DOCUMENTS INCLUDING ELECTRONIC RECORDS PRODUCED FOR THE INSPECTION BY COURT.

PROVED :- A FACT IS SAID TO BE PROVED WHEN, AFTER CONSIDERING THE MATTERS BEFORE IT THE COURT; EITHER BELIEVES TO IT EXIST, OR CONSIDERS ITS EXISTENCE. SO PROBABLE THAT A PRUDENT MAN OUGHT , UNDER CIRCUMSTANCES OF THE PARTICULAR CASE, TO ACT UPON THE SUPPOSITION THAT IT EXISTS. 

DISPROVED - A FACT IS SAID TO BE DISPROVE WHEN  AFTER CONSIDERING THE MATTERS BEFORE IT, THE COURT EITHER BELIEVES THAT IT DOES NOT EXIST, OR CONSIDERS IT'S NON EXISTENCE. SO PROBABLE, THAT A PRUDENT OUGHT, UNDER THE CAESE, TO ACT UPON THE SUPPOSITION THAT IT DOES NOT EXIST.

NOT PROVED - A FACT IS SAID TO BE NOT PROVED WHEN IT IS NIETHER PROVED NOR DISPROVED.

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SECTION- 4   MAY PRESUME 

WHENEVER IT IS PROVIDED BY THIS ACT THAT COURT MAY PRESUME A FACT, IT MAY EITHER REGARD SUCH ACT AS PROVED, UNLESS AND 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 THE PROOF OF THE ONE FACT, REGARD THE OTHER  AS PROVED, AND SHALL NOT ALLOW EVIDENCE TO BE GIVEN FOR THE PURPOSE OF DISPROVING IT.

  THE OVERVIEW OF INDIAN EVIDENCE ACT, 1872 - HERE 

CHECK OUT THE TRENDING ADVOCATES DRESS - HERE 

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