Definition (Section-2)
(a) ‘Court‘ includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence;”
Definition in Simple Words:-
The term “Court” means:-
All Judges
All Magistrates
And any person who is legally authorized to take evidence
(But it does NOT include arbitrators)
Example for Understanding:-
Imagine there is a theft case.
A Judge in the District Court is hearing the case → This Judge is part of the “Court“.
A Magistrate recording witness statements → This Magistrate is also part of the “Court“.
A Commissioner appointed by the High Court to record a witness’s evidence → This person is also part of the “Court“.
👉 But if two companies appoint an Arbitrator to settle a business dispute privately, that arbitrator is NOT considered a “Court” under this definition.
(b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it;
Definition in Simple Words:-
Conclusive proof means:-
If the law says that Fact A is conclusive proof of Fact B, then:
Once Fact A is proved in Court,
The Court must accept Fact B as true automatically,
And no one is allowed to give evidence to disprove Fact B.
Example from Indian Evidence Act:
Birth certificate issued by a competent authority is conclusive proof of a person’s date of birth.
If a valid birth certificate shows Ravi was born on 1 January 2000,
The Court must accept 1 January 2000 as his date of birth,
Nobody can give evidence to claim his birth date is different.
👉 Key idea: Conclusive proof = Final truth in the eyes of law — no arguments allowed against it.
(c) “disproved” in relation to a fact, means 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;
Definition in Simple Words:-
A fact is disproved when:
1. After looking at all the evidence,
2. The Court believes the fact does not exist,
OR
3. The Court thinks it is so unlikely that a sensible (prudent) person would act as if it does not exist.
Example for Understanding:-
Case: A person claims “I was in Delhi on 5th August” (alibi).
Evidence shows CCTV footage of him in Jaipur on 5th August.
Witnesses confirm seeing him in Jaipur.
Court’s conclusion: His claim of being in Delhi is false.
👉 His claim (fact) is disproved because the Court is convinced it does not exist.
🔑 Key idea: Disproved = Court is convinced the fact is false or almost certainly false.
(d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.
Illustrations.
(i) A writing is a document.
(ii) Words printed, lithographed or photographed are documents.
(iii) A map or plan is a document.
(iv) An inscription on a metal plate or stone is a document.
(v) A caricature is a document.
(vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents;
Definition in Simple Words:-
A document means:
Any information expressed or recorded
On any material (paper, metal, stone, electronic device, etc.)
By letters, numbers, marks, images, or any other method
Which can be used to record that information Includes: Electronic and digital records too
Simple Rule to Remember
👉 If it records information in a way that can be read, seen, or understood, it is a document.
Examples (from illustrations + daily life):-
1. Writing on paper → Letter, agreement, diary entry (Document)
2. Printed words or photos → Newspaper, book, photo print (Document)
3. Map or plan → City map, building plan (Document)
4. Inscriptions on metal or stone → Ancient stone inscription, nameplate (Document)
5. Caricature (drawing/cartoon) → Political cartoon in a magazine (Document)
6. Electronic records →
Emails
WhatsApp messages
Server logs
Files on computer or phone
Website data
Location evidence
Voicemail recordings
💡 Key idea:
A document is not limited to paper — it can be physical, electronic, or digital.
(e) “evidence” means and includes-
(i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence;
(ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence;
Definition in Simple Words:-
Evidence means:
1. Oral Evidence → Statements made by witnesses in Court (including electronic statements) about the facts in question.
2. Documentary Evidence → All documents (physical, electronic, or digital) shown to the Court for inspection.
Oral evidence = What witnesses say in Court
Documentary evidence = What documents show in Court
Examples for Understanding:-
(i) Oral Evidence
A witness says in Court: “I saw A stab B.” → Oral Evidence
A video testimony of a witness on Zoom allowed by Court → Oral Evidence
(ii) Documentary Evidence
A registered sale deed presented to Court → Documentary Evidence
An email confirming a business agreement → Documentary Evidence
WhatsApp chats, CCTV footage, server logs → Documentary Evidence
👉Key idea:
Evidence = Anything (spoken or recorded) presented in Court to prove or disprove facts.
(f) “fact” means and includes-
(i) any thing, state of things, or relation of things, capable of being perceived by the senses;
(ii) any mental condition of which any person is conscious.
Illustrations.
(i) That there are certain objects arranged in a certain order in a certain place, is a fact.
(ii) That a person heard or saw something, is a fact.
(iii) That a person said certain words, is a fact
(iv) That a person 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;
Definition in Simple Words:-
A fact means:
1. Anything that can be perceived by the sensesSomething you can see, hear, touch, taste, or smell
Something you can see, hear, touch, taste, or smell
2. Any mental condition a person is aware of
Thoughts, intentions, feelings, beliefs
A fact is anything real that can be experienced or known (physically or mentally).
Examples from Illustrations:-
(i) Physical things (seen or arranged)
“There are 5 chairs arranged in a row in the courtroom” → Fact
(ii) Sensory experiences
“A person heard a gunshot” → Fact
“A person saw a man running away” → Fact
(iii) Spoken words
“A person said ‘I will pay you tomorrow’” → Fact
(iv) Mental conditions
“A person had the intention to kill” → Fact
“A person acted in good faith” → Fact
“A person was angry at the time” → Fact
👉Key idea:
Facts include both physical realities (objects, events) and mental states (thoughts, intentions).
(g) “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, 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:-
(i) That A caused B’s death.
(ii) That A intended to cause B’s death.
(iii) That A had received grave and sudden provocation from B.
(iv) 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;
Definition in Simple Words:-
Facts in issue are the main facts that:
Decide whether a right, liability, or disability exists or not in a case.
These are facts that the Court must prove or disprove to reach a decision.
Facts in issue = Key facts that form the core dispute in the case.
Explanation with Example (from law)
Whenever a Court frames an issue of fact (a question that needs proof), the fact mentioned in that issue is a fact in issue.
Illustration (Murder Case)
Case: A is accused of murdering B
The main facts to decide are:
1. Did A cause B’s death? (Fact in issue)
2. Did A intend to kill B? (Fact in issue)
3. Did A act under grave and sudden provocation from B? (Fact in issue — might reduce liability)
4. Was A of unsound mind when the act happened? (Fact in issue — might remove liability)
These are core facts — proving or disproving them decides A’s guilt.
💡 Key idea:
Facts in issue = Central facts to be proved or disproved in the case.
Other facts like evidence, witness statements, etc. are called relevant facts, not facts in issue.
(h) “may presume”.-Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it;
Definition in Simple Words:-
May presume means:
The Court is allowed to treat a fact as proved
Unless someone disproves it,
OR the Court can ask for more proof before accepting it.
👉 It’s optional — the Court has a choice.
Example for Understanding :-
Example from Evidence Act:
If a letter is properly addressed, stamped, and posted, the Court may presume it was delivered to the addressee.
The Court can accept it as true unless someone proves it was not delivered.
Or the Court can ask for additional proof like delivery receipts.
💡 Key idea:
May presume = Court has discretion (choice) to accept or ask for proof.
(i) “not proved“.-A fact is said to be not proved when it is neither proved nor disproved;
Definition in Simple Words:-
A fact is not proved when:
There is not enough evidence to show it is true (proved)
And not enough evidence to show it is false (disproved)
👉 It stays in a neutral / uncertain position.
Example for Understanding:-
Case: A claims he was in Delhi on 5th August.
There is no CCTV, no tickets, no witness to confirm he was in Delhi.
There is also no evidence to prove he was not in Delhi.
Result → His claim is “Not Proved” (neither proved nor disproved).
💡 Key idea:
Not Proved = Lack of evidence either way
(j) “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;
Definition in Simple Words:-
A fact is proved when:
1. After looking at all evidence,
2. The Court believes the fact exists,
OR
3. The Court thinks the fact is so likely that a sensible (prudent) person would act as if it exists.
Example for Understanding:-
Case: A is accused of stealing a phone.
CCTV footage shows A taking the phone.
Witness saw A running away with the phone.
A’s fingerprints are found on the phone.
👉 Court concludes: The fact that A stole the phone is “Proved” because evidence makes it very believable.
💡 Key idea:
Proved = Court is convinced the fact exists (true) based on strong evidence.
(k) “relevant“.-A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts;
Definition in Simple Words:-
A fact is relevant when it is connected to another fact in a way described in the Evidence Act.
Relevance means the fact can help prove or disprove a fact in issue.
👉 Relevant facts are supporting facts that help the Court reach a decision.
Example for Understanding:-
Case: A is accused of murdering B.
Fact in issue: Did A kill B?
Relevant fact:
A was seen near the crime scene at the time of death.
A had a strong motive (B owed him money).
A bought a knife similar to the murder weapon a day before.
These are not facts in issue, but they are relevant facts because they are connected to the main fact in issue.
💡 Key idea:
Fact in issue = Main fact to be proved
Relevant facts = Other connected facts that help prove/disprove the main fact
(l) “shall presume“.-Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.
Definition in Simple Words:-
Shall presume means:
The Court must accept a fact as proved
Unless someone proves it is false
The Court has no choice — it is a mandatory presumption
👉 Difference from “May Presume”:
May presume = Court can choose whether to presume or not
Shall presume = Court must presume until disproved
Example for Understanding:-
Example from Evidence Act:
A properly executed and attested registered will → The Court shall presume it was signed and executed properly.
But if someone provides strong evidence that the signature was forged, the presumption can be disproved.
💡 Key idea:
Shall presume = Mandatory presumption (but can be rebutted with evidence)
(2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas.