Section 3 of Indian Evidence Act, 1872

Section 3 in The Indian Evidence Act, 1872

Interpretation clause. —In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:— “Court”. —“Court” includes all Judges 1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. “Fact”. —“Fact” means and includes—

(1) any thing, 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. “Relevant”. —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. “Facts in issue”. —The expression “facts in issue” means and includes— any 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, 3 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”. —“Document” 4 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 5 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. “Evidence” .— “ 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) 6 [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 exist. “ Not proved”. — A fact is said not to be proved when it is neither proved nor disproved. 7 [“ India ”. —“ India ” means the territory of India excluding the State of Jammu and Kashmir .] 8 [the expressions “Certifying Authority”, 9 [electronic signature], 9 [Electronic Signature Certificate], “electronic form”, “electronic records”, “information”, “secure electronic record”, “secure digital signature” and “subscriber” shall have the meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).]

India's Important Case Laws and Landmark Judgments on Evidence Act i.e. Section 3 Indian Evidence Act, 1872:

• Additional District Magistrate, vs S. S. Shukla Etc. Etc on 28 April, 1976 Supreme Court of India 
• Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India 
• State Of Tamil Nadu Through vs Nalini And 25 Others on 11 May, 1999 Supreme Court of India 
• S. Shanmugadivelu, S. Nalini vs State By D.S.P., Cbi, Sit, Chennai on 11 May, 1999 Supreme Court of India 
• T. Suthenthiraraja,P. vs State By D.S.P., Cbi, Sit, Chennai on 8 October, 1999 Supreme Court of India  
• Additional District Magistrate vs Shivakant Shukla on 28 April, 1976 Supreme Court of India 
• The State Of Bombay vs Atma Ram Sridhar Vaidya on 25 January, 1951 Supreme Court of India 
• Hari Charan Kurmi And Jogia Hajam vs State Of Bihar on 3 February, 1964 Supreme Court of India 
• State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005 Supreme Court of India 
• Balkishan A. Devidayal Etc vs State Of Maharashtra Etc on 31 July, 1980 Supreme Court of India 
• Rishi Kesh Singh And Ors. vs The State on 18 October, 1968 Allahabad High Court 
• Additional District Magistrate, vs S. S. Shukla Etc. Etc on 28 April, 1976 Supreme Court of India 
• State vs 1. Dharambir on 31 October, 2011 Delhi District Court 
• Swadeshi Cotton Mills Co. Ltd. vs State Industrial Tribunal, U.P. on 6 March, 1956 Allahabad High Court  
• Kartar Singh vs State Of Punjab on 11 March, 1994 Supreme Court of India 
• Vishal Yadav vs State Of U.P. on 2 April, 2014 Delhi High Court 
• Vaman Narain Ghiya vs State on 15 January, 2014 Rajasthan High Court  
• Identification Of Prisoners Act, 1920 Law Commission Report 
• Deodat Rai And Ors. vs State on 15 March, 1951 Allahabad High Court  
• Pandurang Bhimrao Kulkarni vs Malkappa Bhimgouda And Ors. on 14 November, 1949 Bombay High Court