Facts in issue

Facts 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” 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.

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;

“Evidence”: “Evidence” means and includes –

  • All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry,
  • [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 exists.

“Not Proved”: A fact is said not to be proved when it is neither proved nor disproved.

“India”: “India” means the territory of India excluding the State of Jammu and Kashmir.

The expressions “Certifying Authority”, “[electronic signature]”, “[Electronic Signature Certificate]”, “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure [electronic signature]” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000.]

COMMENTS

Court: Revenue officer is not a court. – Depta Tiwari v. State of Bihar AIR 1988 Sum 14

The authority under Payment of Wages Act, 1936 is not a court. Sec. 3 of Indian Evidence Act defining the term “court” defines it inclusively and only for the purposes of the Act. – G. R. Wani v. G. M. Wani  AIR 1980 NOC 166.

 

 

admin

Leave a Reply

Your email address will not be published. Required fields are marked *