The Bharatiya Sakshya Adhiniyam, 2023 (BSA), is a legislation that defines,explains and structures various legal terms and concepts used within the judicial system of India. Section 2 of BSA provides clear definitions to ensure clarity in legal proceedings. Let’s delve into these definitions in detail for proper understanding.
Court (Section 2(1)(a)
The term “Court” means all Judges and Magistrates and includes all individuals, except arbitrators, who are legally authorized to take evidence. This definition ensures that any legal authority involved in the process of collecting evidence and judgment falls under the term “Court.” (Earlier under Section 3,p.1 of IEA,1872)
Conclusive Proof (Section 2(1)(b)
“Conclusive proof” means a situation where one fact is declared by The Bharatiya Sakshya Adhiniyam,2023 to be the conclusive proof of another. In these kinds of cases, the Court must regard the other fact as proved upon the establishment of the first fact and cannot allow any evidence to disprove it . This concept eliminates any kind of doubt and solidifies the connection between specific facts.It is irrebuttable presumption.(Earlier under Section 4,p.3 of IEA,1872)
Disproved (Section 2(1)(c)
A fact is said to be “disproved” when, after evaluating the evidence , the Court either believes that the fact does not exist or finds its non-existence so probable that a prudent person would act on the assumption that the fact does not exist. This definition distinguishes between proven and unproven facts.(Earlier under Section 3,p.8 of IEA,1872)
Document (Section 2(1)(d)
A “document” means any matter expressed, described, or recorded on any substance using letters, figures, marks, or any other means. Documents also include electronic and digital records. The definition is so broad and it covers writings, printed or photographed words, maps, plans, inscriptions, caricatures, and various electronic and digital records like emails, server logs, and digital messages.(Earlier under Section 3,p.5 of IEA,1872)
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.
- Electronic records on emails, server logs, and digital devices are documents.
Evidence (Section 2(1)(e)
“Evidence” means:
- All statements, including the statements given electronically, permitted or required by the Court from witnesses concerning matters under inquiry. These statements are called oral evidence.
- All documents, including electronic or digital records, produced before Court for inspection, known as documentary evidence.(Earlier under Section 3,p.6 of IEA,1872)
Fact (Section 2(1)(f)
A “fact” means:
- Anything, state of things, or relation of things perceivable by the senses.This is also called physical or external facts.
- Any mental condition of which a person is conscious.This is also called psychological or internal facts.(Earlier under Section 3,p.2 of IEA,1872)
Illustrations:
- Objects arranged in a specific order at a particular place are facts.
- Hearing or seeing something is a fact.
- Saying specific words is a fact.
- Holding an opinion, intention, or acting in good faith is a fact.
Facts in Issue (Section 2(1)(g)
“Facts in issue” means any fact from which the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in a suit or proceeding, necessarily follows.Fact in issue is called as principal fact or factum probandum.(Earlier under Section 3,p.4 of IEA,1872)
Explanation:
When a Court records an issue of fact under Civil Procedure law, the fact to be asserted or denied is a fact in issue.
Illustrations:
- In a murder trial of A for killing B, the facts in issue could be:
- That A caused B’s death.
- That A intended to cause B’s death.
- That A received grave and sudden provocation from B.
- That A was incapable of knowing the nature of his act due to unsoundness of mind.
May Presume (Section 2(1)(h)
When The Bharatiya Sakshya Adhiniyam states that the Court “may presume” a fact, the Court can either regard the fact as proved unless disproved or call for proof of it.Under this section, the court gets the discretionary power.It is also known as presumption huminis.(Earlier under Section 4,p.1 of IEA,1872)
Not Proved (Section 2(1)(i)
A fact is “not proved” when it is neither proved nor disproved. This helps in a situation where evidence is insufficient to establish a fact conclusively.(Earlier under Section 3,p.9 of IEA,1872)
Proved (Section 2(1)(j)
A fact is “proved” when after considering the evidence, the court believes in its existence or finds its existence so probable that a prudent person would act on the assumption that it exists.(Earlier under Section 3,p.7 of IEA,1872)
Relevant (Section 2(1)(k)
A fact is “relevant” to another when it is connected in any manner described by The Bharatiya Saksya Adhiniyam’s provisions on the relevancy of facts. This connection between the facts is important for determining their admissibility in the Court.This is also called evidentiary facts or Factum probans.(Earlier under Section 3,p.3 of IEA,1872)
Shall Presume (Section 2(1)(l)
When The Bharatiya Sakshya Adhiniyam directs that the Court “shall presume” a fact, it must regard the fact as proved unless it is disproved. This mandatory presumption removes discretionary power from the Court, requiring it to accept certain facts as true.It is a rebuttable presumption of law.(Earlier under Section 4,p.2 of IEA,1872)
Understanding these key definitions is crucial and very important for anyone involved in the legal field, as they form the foundation of legal reasoning and judgments under THE BHARATIYA SAKSHYA ADHINIYAM, 2023. By providing clear and precise meanings of these words ,the Adhiniyam ensures uniformity and clarity in legal proceedings.
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