Law of Evidence
Definitions under the Bharatiya Sakshya Adhiniyam, 2023
Learn the core definitions of fact, fact in issue, relevant fact, evidence, document, proved, disproved, not proved and statutory presumptions under Section 2.
The short answer
Section 2 provides the working vocabulary of evidence law, while Section 3 connects facts in issue and relevant facts to the proof permitted in a case.
Fact, fact in issue and relevant fact
These terms perform different jobs and should not be used interchangeably.
Fact
A fact includes a thing, state of things or relation perceptible by the senses, and a mental condition of which a person is conscious. A visible injury and an intention to deceive can both be facts.
Fact in issue
It is a proposition from which the existence, non-existence, nature or extent of a claimed right, liability or disability necessarily follows. Pleadings, charges and substantive law help identify it.
Relevant fact
One fact is relevant to another when it is connected in a way recognised by the BSA. A relevant fact may support an inference without itself being the ultimate issue.
Evidence and documents
The BSA expressly recognises modern modes of communication and record keeping.
Evidence includes statements that the court permits or requires witnesses to make about facts under inquiry. Such statements may be given electronically. It also includes documents, including electronic or digital records, produced for the court's inspection.
A document is matter expressed or described on any substance by letters, figures, marks or other means intended to record that matter. Emails, server logs, messages and digital files may therefore be documentary material, but they must still satisfy the applicable rules of proof.
Proved, disproved and not proved
These definitions describe the court's conclusion after considering the material before it.
Proved
A fact is proved when the court believes it exists, or considers its existence so probable that a prudent person ought to act on that supposition in the circumstances.
Disproved
A fact is disproved when the court believes it does not exist, or considers non-existence so probable that a prudent person ought to act on that supposition.
Not proved
A fact is not proved when it is neither proved nor disproved. This is an independent state, not another expression for false.
May presume and shall presume
A may-presume provision permits discretion to presume or demand proof. A shall-presume provision requires the presumption unless and until it is disproved.
Definitions must be read with burdens and presumptions
The vocabulary in Section 2 does not operate in isolation from the rest of the BSA.
A presumption changes the route by which a fact may be accepted, but its effect depends on the statutory expression used. A discretionary presumption permits the court either to draw the inference or call for proof, while a mandatory rebuttable presumption requires the court to begin with the stated inference until contrary material displaces it.
Neither form automatically changes the ultimate standard of proof for the proceeding. A careful answer identifies who bears the initial burden, what foundational facts must first be shown and what evidence is sufficient to rebut or sustain the presumption.
Leading cases and what they establish
Read each authority for the proposition it proves, the legal question it answers and the reasoning that supports the result.
Vijayee Singh v. State of Uttar Pradesh
(1990) 3 SCC 190
Facts: The Court examined the criminal standard of proof and the meaning of reasonable doubt while evaluating prosecution evidence and the defence version.
Legal question: Does proof beyond reasonable doubt demand absolute certainty?
Held: Proof depends on the applicable legal standard and a rational evaluation of probabilities, not speculative doubt.
Reasoning: No. The doubt must be reasonable and arise from the evidence or lack of evidence. Courts apply practical judgment, not mathematical demonstration or imaginary possibilities.
Why it matters: Use it to connect the statutory language of proof with the criminal standard.
Kali Ram v. State of Himachal Pradesh
(1973) 2 SCC 808
Facts: A conviction based on circumstantial material required the Supreme Court to examine whether the record excluded the reasonable possibility of innocence.
Legal question: How should a criminal court act when the evidence permits a reasonable view consistent with innocence?
Held: Where the prosecution evidence reasonably supports innocence as well as guilt, the presumption of innocence requires the favourable view.
Reasoning: The presumption of innocence and the prosecution burden require the accused to receive the benefit of a rational doubt. Suspicion, however grave, cannot replace proof.
Why it matters: Use it to show that definitions of proof operate with the governing burden and standard.
Using this topic in a legal answer
A clear answer sequence
- Quote or accurately paraphrase the relevant Section 2 definition.
- Explain the function of the term instead of merely reproducing its words.
- Use one factual example to distinguish fact in issue from relevant fact.
- End by separating admissibility from final proof or weight.
Points that are often confused
- Treating not proved as equivalent to disproved.
- Calling every relevant fact a fact in issue.
- Assuming a digital record proves its own authenticity.
Open the revision and self-check sheet
Rules to retain
- Facts include physical facts and conscious mental conditions.
- Facts in issue determine rights, liabilities or disabilities.
- Relevant facts have a connection recognised by the BSA.
- Not proved means neither proved nor disproved.
- Digital records fall within documents and documentary evidence.
Questions to test understanding
- Can an intention be a fact?
- Why is a relevant fact not always a fact in issue?
- What is the difference between may presume and shall presume?
Questions students ask
Is a mental condition a fact under the BSA?
Yes. A mental condition of which a person is conscious falls within the definition of fact, though it must be inferred or proved through legally acceptable material.
Are electronic records documents?
Yes. Section 2 includes electronic and digital records within documentary evidence. Separate provisions determine how their contents and authenticity are proved.
Does not proved mean the allegation is false?
No. It means the court could neither conclude that the fact exists nor that it does not exist to the required standard.
Primary sources and further reading
This article is written for legal education. Verify the governing provision, applicable amendments and complete judgment before relying on a proposition in practice.