THE INDIAN EVIDENCE

AC't
(Act No . I of 1872)
, \87i
Preamble.- Whereas it is
Evidence; it is hereby enac expedient to consolidate d fi 1,
ted as follows :-
' e inc anda51h1r1.,
PART 1 rt\tr,1
1

RELEVANCY OF FACTS
CHAPTER 1
ARY PRELIMIN
l. Short title, extent and com
Evidence Act, l87 mencement.- This Act ma
2. .
It extends to the whole of
India 1[ * * *] and applies to Ybe ca\itu
or before any Court, includ all . . . ~
under the Army Act, (44 & ing ~ourts-martial , other th~n C~~~-1a1 pr~
45
C. 109) , or the Indian Navy Viet. , C. 58), the Naval Disci r rnan1a\
(D
(7 Geo. 5, C. 51) but n~t to isciplin~) Act, 1934 (34 of 1 3 Act (29 ; j ~)e
proceedings before an arbitr affidavits presented to any C or the Air ~
ator;
and it shall come into force oun or Offi~
on the first day of Septemb
2. Repeal of enactments. - [R er, 18?2
2 and Sch.] ep. by the.Repealing Act, 1938
(.l
3. Interpretation claus of 193~~
used in the following senses e. - In this Act the following words a d
, unles
"Court" .- "Court" includes s a contrary intention appears fron :Presi
all Judges and Magistrates
arbitrators, legally authoriz
ed to take evidence.
'
and : ec;
"Fact". - "Fact" means and perso~
includes -
(1) any thing , state of thi
ngs, or relation of things, cap
by the senses; able of beino
0
(2) any mental condition ~
of which any person is consci
ous.
(a) That there are certain objec Illustrations
ts arranged in a certain order in
(b) That a man heard or saw a certain place, in
something ,-is a fact.
(c) That a man said certain.:wo
rds, is a fact.
(d) That a man holds a certai
fraudulently , or uses a partic n op inion , has a certain intent
conscious of a particular sensatula r wo rd in a particular sense, or is ionor
, acts in g~ _t
ion, is a fact. was at a·s~ ii 1

(e) That a man has a certain rep

uta
"Relevant".-O ne fact is sai tion, is a fact. .
with the other in any of the d to be relevant to another wh 15
ways referred to in the provis en the _one cc!
the relevancy of facts. ions of this Act re
"Facts in issue". -T he
expression "facts in issue" me ruld . 10des-
.
any fact from which, eit. he . . ans ~nc th r f
f wit
existence, non-existence r by its elf or m.
, nature or extent of any ng con n~ c .,~n or hdisaobiliety,
or denied in any suit or pro ht, hab
· ceeding, necessarily follows. illty,
1. The. words "except the Sta
Se'
te of Jammu and Kashmir. ,. ·u d by Act No . J4 of 2019,
Fifth Sch., SI. No. 44 . omi e

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