Evidence Act, 1977 (1920 A.D)
No: 13 Dated: Apr, 01 1978
THE EVIDENCE ACT, 1977 (1920 A. D.)
Act No. XIII of Samvat 1977
Preamble. - Whereas it is expedient to consolidate, define and amend the law of Evidence; it is hereby enacted as follows:
Part I
Relevancy of Facts
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act maybe called the Evidence Act, 1977.
(2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.
(3) It shall come into force on the 1st day of Baisakh, 1978.
2. Saving. - Nothing herein contained shall be deemed to affect any provision of any law, Act or Regulation in force in any part of the State and not hereby expealed.
3. 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 and Magistrates, and all persons, exceptive arbitrators, legally authorised to take evidence.
"Fact". - "Fact" means and includes-
(1) anything 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 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, 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.
(3) "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 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 the answer to such issue is a fact in issue.
Illustrations
(a) A is accused of the murder of B.
(b) At his trial the following facts may be in issue-
(c) that A caused B's death;
(d) that A intended to cause B's death ;
(e) 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. [Electronic signature and electronic signature shall be documents.]
Illustrations.
(a) A writing is a document;
(b) Words printed, lithographed or photographed are documents :
(c) A map or plan is a document;
(d) An inscription on a metal plate or stone is a document;
(e) 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) 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 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 to be proved when it is neither proved nor disproved.
4. "May presume". - Whenever it is provided by this Act 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:
"Shall presume". - Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.
"Conclusive proof". - When one fact is declared by this Act 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.
["The expressions "Certifying Authority" "digital signature" "Digital 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."]