CHAPTER 1 DEFINITIONS Ch.1.1.

Evidence: Evidence means and includes: i) all statements which the

court permits or requires to be made before it by witness in relation to a matter of fact under
inquiry such statements are called oral evidence. ii) all documents produced for the inspection of the
court Evidence may be oral or documentary. Evidence is defined as any matter of fact the effect or
tendency of which is to produce in the mind a persuasion of the existence (or otherwise) of some
other matter or fact,. The textual definition refers only to oral and documentary evidence and hence
incomplete. The judge may rest his judgment on various other media of proof as well. Inspection
report, facts which the court may take judicial notice etc. are not covered by the definition. An
affidavit is not 'evidence' under this section. Similarly confessions of Co-accused, Mahajar report,
finding of the tracker dogs or tape recordings etc; are not evidence. These are to be proved and then
the court may decide their admissibility and evidentiary value. Three major principles of evidence
are i) it must be confined to facts in issue and relevant facts ii) Hearsay evidence is not admissible iii)
Best evidence must be produced before the court. Ch.1.2 Fact and Fact in Issue; 'Fact' means
anything or state of thing which is capable of being perceived by the senses. It also includes any
mental condition of which a person is conscious. Eg.: i) if a man hears something then that he heard
something is a fact. ii) That a person has said certain words is a fact. Facts are of two kinds : Physical
Psychological (item which exists in mind) Facts in issue means any fact from which either by itself or
in connection with other facts there necessarily follows the nature of the right asserted or denied in
any civil or criminal proceedings. 'A' is accused of murder. The following are the facts in issue: 1) A
caused B's death ii) A intended to cause the death of B iii) A had received a grave and sudden
provocation from B. Matters which are in dispute or which form the subject of investigation are to
be determined by the court. When the Court investigates the facts there may be allegation and
denials by the parties to the dispute. From these the court settles the facts in issue. These are called
issues under Civil Procedure Code. Ch.l.3.Relevant Facts: Facts mean: i) anything capable of being
perceived by the senses and ii) any mental condition of which any person is conscious. Facts in issue
are matters which are in dispute or subjects for determination.