Law of Evidence

Evidence Act, 1872 provides for the methodology by which the cases have
to be conducted in the matter of production of relevant oral, documentary

and material evidence and the examination of witnesses. Adjudication of
legal dispute is on the basis of the evidence in the case. Evidence includes
all the legal means which tend to prove or disprove any matter of fact. The
Indian Evidence Act deals with relevancy of facts, admission, confession,
facts of which the court should take judicial notice, oral evidence,
documentary evidence, legal presumptions, burden of proof, estoppel and
all such matters relating to the taking of evidence and admissibility of
evidence on the issues, on the basis of which, the Courts have to record
findings.
Important Definitions : Evidence Act

Sections 3 of the Indian Evidence Act 1872, defines certain important terms
which must be understood in order to facilitate a better interpretation of the
provisions of the Act.
Court
The term “Court” is inclusive of the following:
 All Judges;
 All Magistrate; and
 All persons legally authorized to take evidence, except arbitrators.
Etymologically the word “court‟ means King’s Durbar. It is also understood
in the sense of:
1. the place where justice is administered, and

2. the person or persons who administer justice.
The expression “court‟ is defined in the Evidence Act in the latter sense.
According to the definition given in Sections 3 of the Act the court does not
mean the four walls of the premises where justices is administered but it
means and includes all Judges, Magistrates and such other persons who
are legally authorized to take evidence. The above definition under
Sections 3 is not exhaustive. The expression “court‟ is not confined only to
regular courts, it also includes any person who administers justice and is
authorised to take evidence. For example: Commissioners appointed under
the Code of Civil procedure, 1908 and the Code of Criminal Procedure,
1973.
Note: A Magistrate committing a case to the Sessions Court falls within the
ambit of the aforesaid definition of Court, whereas a Magistrate holding
preliminary inquiry under Sections 164 of the Code of Criminal Procedure
cannot be said to be ‘Court’.
Fact
The term “fact” means “an existing thing‟. But under the Evidence Act, the
meaning of the word is not limited to only what is tangible and visible or, is
any way, the object of sense. According to Sections 3 of the Act, fact
means and includes:
1. Anything, state of things or relation of things capable of being perceived
by the senses. Illustrations:
a. That a person heard or saw something.
b. That person said certain words.
2. Any mental condition of which any person is conscious. Illustrations:
a. A person has an intention to commit murder.
b. That a man has certain reputation.
Rights and liabilities in a judicial proceedings emerge (arise) out of facts.
Sections 3 categorizes facts into: (i) Physical Facts; and (ii) Psychological
Facts.
Physical Facts
It means and includes anything, state of thing or relation of things, capable

of being perceived by sense. In other words, all facts, which are subject to
perception by bodily senses, are “Physical Facts‟. They are also known as
external facts.
Psychological Facts
They are also known as “internal facts‟. Those facts, which cannot be
perceived by senses, are “Psychological Facts‟. For Example: intention
(means area) knowledge, good faith, fraud etc.
Note: Events which have neither occurred in the past nor in the present but
are likely to occur in the future does not fall within the ambit of the definition
of “Fact” under the Indian Evidence Act, 1872 vide “Dueful Laboratory v.
State, 1998 Cr LJ 4534 (Raj)”.
Relevant Fact
The word “relevant‟ has two meanings. In one sense, it means,
“Connected” and in another sense “admissible”. One fact is said to be
relevant to another, when the one is connected 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 the Evidence Act relating to the relevancy of
facts (Sections 5-55). In other/ simple words, a fact is said to be relevant to
another, if it is connected there with under the provision of the Evidence
Act. The expression “relevancy‟ means “connection between one fact and
another”.
According to James Stephen, “relevancy‟ means “Connection of events as

to cause and effect”. What is really meant by “relevant facts‟ is a fact that
has a certain degree of probative force? Kinds of relevancy:
1. Logical Relevancy; and

2. Legal relevancy.
Logical Relevancy
A fact is said to be logically relevant to another, when by application of our

logic, it appears (to us that one fact has a bearing on another fact. Facts.
Which are logically relevant are not provable. For instance, Confessional
statement made to wife, by her husband. Husband said his wife that he had
committed a crime i.e. murder or rape or theft. If the wife gives evidence as
to the commission of crime by her husband, it is not admitted in evidence
under Section 122 of the Indian Evidence Act. The Act does not deal with
logical relevancy. (The Act means Evidence Act). Therefore, it is aid that
“All facts logically relevant are not provable; however, legally relevant facts
are provable.”
Legal Relevancy
A fact is said to be legally relevant when it is expressed as relevant under

Sections 5 to 55 (Relevancy of Facts).
Illustration: A is tried for administering poison to B with a motive of

inheriting property. Here, the motive is relevant under Section 8. Similarly
the fact revealed by post-mortem expert that the death is caused by the
poison is relevant under sec.45. The Act deals with legal relevancy.
According to Sections 6-55 of the Act, following are relevant facts:
1. Facts connected with facts in issue or relevant facts (Section 6-16).

2. Facts to the issue as admission (Section 17-23) and confessions
(Section 24-30).
3. Statements under special circumstances (Section 34-38).
4. Judgments (Section 40 and 41).
5. Opinion of third person (Section 45-51), and
6. Character of Parties (Section 52-55).
Facts in issue
The expression “Facts in issue” refers to facts out of which a legal right,
liability or disability arises and such legal right, liability, or disability is
involved in the inquiry and upon which the Court has to give the decision.
The question as to what facts may be “facts in issue” must be determined
by substantive law or the branch of procedural law which deals with
pleadings. Generally, in criminal cases the charge constitutes the facts in
issue whereas in civil cases the facts in issue are determined by the
process of framing of issues (Order 14 of CPC).
“Facts in issue‟ are those facts, which are alleged by one party and denied
by the other in the pleading in a civil case or alleged by the prosecution and
denied by the accused in a criminal case.
Illustration: A is accused of murdering B. At trial, the following facts may be

in issue. That A caused B’s death. (It refers to the question, whether A has
caused the death of B. If the answer is “no‟, A is discharged/ acquitted. If
the answer is “yes‟ the following question will arise). That A intended to
cause B’s death. (If A caused B’s death, the next question arises is,
whether A had an intention to cause B’s death or not. If the intention (mens
rea/ mental element) is present, is it murder or culpable homicide and A is
awarded serious punishment i.e. death of life imprisonment. Otherwise, (if
intention/men rea is absent) it amounts to accident, which is a defence
under Section 80 I.P.C. If the accident is by negligence, the punishment is
up to 2 years imprisonment or fine or both). That A had received grave and
sudden provocation form B. (It refers to the question, whether B is
instrumental/ responsible for such a grave and sudden provocation by A,
actuating to cause B’s death).
In short, the questions, which give rise to right or liability, are called Facts in
issue. In a Criminal Proceeding, Charge contains are facts in issue. Facts
in issue are alleged by the prosecution and denied by the defence
counsel/defendant. According to Sec.3 of the Act, facts in issue are
asserted by the plaintiff and denied by the defendant. According to Section
3 of the Act, facts in issue arise out of a legal right or liability or disability of
a party to the case.
Recording facts in issue by civil court is also a fact in issue. Answers to

facts in issue are also facts in issue. For Example: A sues B for default
against promissory note. B denies execution of promissory note. The
questions and also answers in this example constitute “facts in issue‟.
Comparison between Facts in issue & Relevant

Facts
Facts in issue Relevant Facts
It is necessary ingredient of a right or liability It is not a necessary ingredient of a right or

liability
It is called the Principal fact or “factum It is called evidentiary fact or “factum

probandium” probandi”
Facts in issue are affirmed by one party and Relevant facts are foundation of inference
denied by other regarding them
Documents
The word “Document‟ in the general parlance is understood to mean any
matter written upon a paper in some language such as English, Hindi, Urdu
and so on. Under the Evidence Act it means “any matter expressed or
described upon any substance, paper, stone, or anything by means of
letters or marks. According to Section 3 of the Indian Evidence Act, 1872,
“Document” means any matter expressed or described on 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 recoding
that matter.
Illustrations: Writing is a document. Words printed, lithographed or

photographed are document: A map or plan is a.document: an inscription
on a metal plate or stone is a document: A caricature is a document. The
word “Documents‟ literally means “written papers”.
According to Section 3 of the Evidence Act, it means and includes matters

expressed or described on all material substances by means or letters,
figures or marks. For example, writing is a document, and inscription on a
metal plate or stone is a document. Writing on the wall is a document.
Numbers given on fixed tables and trees are document. Hence, document
means all material substance on which human thoughts are recorded.
Documents are inanimated proofs while witnesses are animated proofs.
Evidence
“Evidence‟ means and includes–
1. All statements which the Court permits or requires to be made before it

by Witnesses, in relation to matter of facts under inquiry; such
statements are called oral evidence;
2. All document (including electronic records produced for the inspection of
the Court; such documents are called documentary evidence”.
Evidence can be said to be any matter of fact which produces a persuasion
in the mind regarding the existence and non-existence of some other
matter of fact. Evidence may be oral, which refers to the testimony of
witnesses, or.documentary, which refers to the documents and electronic
records tendered before the Court. The guilt of an accused may be proved
using circumstantial evidence also.
Circumstantial evidence refers to the indirect method of proving the guilt of

an accused by drawing inferences from certain facts which are closely
related to the facts in issue. However, the standard of proof required for
circumstantial evidence is quite high and courts are usually cautious while
basing convictions upon circumstantial evidence.
Difference between ‘evidence’ and 'proof'
The word ‘evidence’ includes all the legal means, exclusive on mere
argument, which tend to prove or disprove any matter or fact, the truth of
which is submitted to judicial investigation. ‘Proof’ is the establishment of
fact in issue by proper legal means to the satisfaction of the court. It is the
result of evidence, while evidence is only the medium of proof.
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.
The word “Proof‟ means “anything, which serves the purpose of convincing
either immediately the mind as to the truth or falsehood of a fact or
profession. The expression proof under Section 3 of the Evidence Act
means “such evidence as would induce a reasonable man to come to a
conclusion”.
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 ma ought, under the circumstances of
the particular case, to act upon the supposition that it does not exist. The
definition of the expression disproved is converse of the definition of the
expression proved.
Not Proved
A fact is said to be proved when it is neither proved nor disproved. A fact is
said to be not proved when neither its existence nor its non-existence is
proved. In other words, the man of ordinary prudence neither believes that
the fact exists nor he believes that the fact does not exist.

Law of Evidence

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Law of Evidence

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Evidence Act, 1872 provides for the methodology by which the cases have

to be conducted in the matter of production of relevant oral, documentary

Important Definitions : Evidence Act

1. the place where justice is administered, and

It means and includes anything, state of thing or relation of things, capable

According to James Stephen, “relevancy‟ means “Connection of events as

1. Logical Relevancy; and

A fact is said to be logically relevant to another, when by application of our

A fact is said to be legally relevant when it is expressed as relevant under

Illustration: A is tried for administering poison to B with a motive of

1. Facts connected with facts in issue or relevant facts (Section 6-16).

Illustration: A is accused of murdering B. At trial, the following facts may be

Recording facts in issue by civil court is also a fact in issue. Answers to

Comparison between Facts in issue & Relevant

It is necessary ingredient of a right or liability It is not a necessary ingredient of a right or

It is called the Principal fact or “factum It is called evidentiary fact or “factum

Illustrations: Writing is a document. Words printed, lithographed or

According to Section 3 of the Evidence Act, it means and includes matters

1. All statements which the Court permits or requires to be made before it

Circumstantial evidence refers to the indirect method of proving the guilt of

Difference between ‘evidence’ and 'proof'

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