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] [Cf. the Code of Civil Procedure, 1908 (5 of 1908), Section 2, the Indian Penal Code (45 of 1860), Section 19; and, for definition of [District Judge], the General Clauses Act, 1897 (10 of 1897), Section 3(17).] and [Magistrates] [Cf. the General Clauses Act, 1897 (10 of 1897), Section 3(32) and the Code of Criminal Procedure, 1973 (2 of 1974).], and all persons, except arbitrators, legally authorised to take evidence.

"Fact ". - "Fact " means and includes -

(1)

any thing, 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 arranged 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 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.

(e) That a man has a certain reputation, is a fact.

(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] [Substituted by Act 21 of 2000, Section 92 and Sch.II, for the all documents produced for the inspection of the Court.]; such document 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 a 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 matter 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 not to be proved when it is neither proved nor disproved.

["India " - "India " means the territory of India excluding the State of Jammu and Kashmir.] [Substituted by Act 3 of 1951, Section 3 and Sch., for the definitions of [State] and [States] which were inserted by A.O. 1950.]

[The expressions "Certifying Authority ", [electronic signature] [Inserted by Act 21 of 2000, Section 92 and Sch.II (w.e.f. 17.10.2000).]", [Electronic Signature Certificate] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009), Section 52(a), for "digital signature " and [Digital Signature Certificate] respectively.], "electronic form ", "electronic records ", "information ", "secure electronic record ", "secure [electronic signature] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009), Section 52(a), for "digital signature " and [Digital Signature Certificate] respectively.]" and "subscriber " shall have the meanings respectively assigned to them in the Information Technology Act, 2000.]