Key Definitions and Concepts**

Fact

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) begins by defining fundamental terms, including 'fact', which forms the basis of all evidence.

Meaning and Scope

• Definition in BSA: Section 3(1)(f) of the BSA defines "fact" as follows:

  "'fact' includes—

  • (a) any act, omission or phenomenon which is capable of being perceived by any of the senses;

  • (b) any mental condition, state of mind or feeling of any person, of which any person is conscious.

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• Types of Facts:

  • Physical Facts: These are facts capable of being perceived by the senses. For example, the existence of a house, the presence of a person, the sound of a gunshot, the smell of gunpowder, the sight of a weapon, etc.

  • Psychological Facts: These relate to the mental condition or state of mind of a person. For example, intention, knowledge, good faith, malice, consciousness, feelings like pain or fear, etc.

• Scope: The definition is broad and encompasses both external, observable phenomena and internal, subjective mental states.

Relevant Fact

The BSA, like its predecessor, relies on the concept of relevancy to determine what evidence is admissible.

Connection to the fact in issue

• Definition in BSA: Section 3(1)(g) of the BSA defines "relevant" as follows:

  "'relevant' means that one fact is connected with another fact by any of the means referred to in relation to the expression 'fact in issue' in Section 3(1)(h);

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• Explanation: This definition essentially states that a fact is relevant if it is connected to the "fact in issue" in any of the ways described in Section 3(1)(h) (which defines "fact in issue"). In simpler terms, a relevant fact is one that has a logical connection to the facts that need to be proven or disproven in a case.

• Relevancy in Practice: A fact is relevant if it tends to prove or disprove a fact in issue, or if it establishes a relation between facts in issue, or if it makes any fact in issue or relevant fact more or less probable than it would be without the evidence of the fact.

Fact in Issue

Facts in issue are the central facts that a party must prove or disprove to establish their case. They are the ultimate facts upon which the decision of the case rests.

Facts necessary to prove or disprove a fact in issue

• Definition in BSA: Section 3(1)(h) of the BSA defines "fact in issue" as follows:

  "'fact in issue' means 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.

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• Explanation: A fact is a "fact in issue" if it is affirmed or denied by the parties in the pleadings and if the existence or non-existence of this fact directly affects the legal rights or liabilities of the parties.

• Examples:

  • In a murder trial, the "facts in issue" would be: Did the accused cause the death of the victim? Did the accused have the intention to cause death or such bodily injury as is likely to cause death?

  • In a suit for recovery of money, a "fact in issue" might be whether the defendant borrowed a specific sum of money from the plaintiff.

• Relationship with Relevant Facts: Facts that are not facts in issue themselves but tend to prove or disprove a fact in issue or a relevant fact are called relevant facts.

Evidence

The BSA defines evidence broadly to include various forms of proof presented in court.

Oral Evidence

• Definition in BSA: Section 3(1)(i) of the BSA states: "'oral evidence' means and includes all statements which the Court permits or requires to be made before it by witnesses, in relation to the matters of fact under inquiry.

• Scope: Oral evidence consists of statements made by witnesses. It can be direct (witness stating what they saw, heard, or perceived directly) or hearsay (witness stating what someone else said, which is generally inadmissible, with exceptions).

Documentary Evidence

• Definition in BSA: Section 3(1)(j) of the BSA defines "documentary evidence" as follows:

  "'documentary evidence' means and includes—

  • (a) all documents including electronic records produced for the inspection of the Court;

  • (b) any statement produced for the inspection of the Court, which is made by a witness in relation to the matters of fact under inquiry;

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• Scope: This includes written documents, maps, charts, diagrams, inscriptions, photographs, and importantly, electronic records.

Electronic Records

• BSA's Emphasis: The BSA gives explicit recognition and importance to electronic records, a key modernization.

• Definition within "Documentary Evidence": Section 3(1)(j)(a) includes "documents including electronic records produced for the inspection of the Court" as documentary evidence. This integrates electronic records seamlessly into the category of documentary evidence.

• Further Provisions: The BSA contains specific sections (e.g., Section 4, Section 61-66) that deal with the admissibility and proof of electronic records, ensuring they are treated as valid evidence when properly authenticated.

Proved, Disproved and Not Proved

These terms are crucial for understanding the burden of proof and the outcome of evidence presented in court.

• Proved: Section 3(1)(l) of the BSA defines "proved" as follows:

  "'proved' means that any of the facts in issue or relevant facts is proved;

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  A fact is proved when, after considering the matters before it, the Court either believes to exist, or considers it so probable that a prudent man ought, in the circumstances of that case, to act upon the supposition that it exists.

• Disproved: Section 3(1)(m) defines "disproved":

  "'disproved' means that any of the facts in issue or relevant facts is disproved;

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  A fact is disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers it so improbable that a prudent man ought, in the circumstances of that case, to act upon the supposition that it does not exist.

• Not Proved: Section 3(1)(n) defines "not proved":

  "'not proved' means that any of the facts in issue or relevant facts is neither proved nor disproved.

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• Burden of Proof: These definitions determine which party has the burden of proving a fact, and what standard of proof is required.

Court

The term "Court" is used broadly to encompass all judicial bodies that determine facts and apply the law.

• Definition in BSA: Section 3(1)(e) of the BSA defines "'Court' includes all persons, except arbitrators, legally authorized to take evidence and the interpretation of 'Court' shall be read and construed accordingly.

• Scope: This definition is inclusive and covers all persons legally authorized to take evidence, which primarily includes judges and magistrates presiding over judicial proceedings. Arbitrators are specifically excluded.

Witness

A witness is a person who provides evidence in court.

• Definition in BSA: Section 3(1)(o) of the BSA defines "'witness' means any person who is acquainted with any fact which is under inquiry.

• Scope: This definition is broad and includes not only persons who testify orally but also individuals whose statements are recorded or whose actions or perceptions are relevant to the case.