The Indian Evidence Act deals proving facts in issue through evidence. The term evidence is not defined in the Act, though under Section 2 dealing with definitions of legal terms, the Act specifies what are oral evidence and documentary evidence respectively. The legal definition of the specific term "evidence" is given by Supreme Court of India in a case law.

Expression 'evidence' means and includes all statements, which the court permits or requires to be made before it by witnesses in relation to matters of fact under enquiry and documents produced for the inspection of the Court.
AIR 1964 SC 949.

The Act divides itself into three parts and explains subjects as under:

• Part I - Relevancy of facts or what facts may or may not be proved. These are dealt with in detail in sections 5 to 55.

• Part II- How the relevant facts are to be proved? The part deals with matters, which need not be prove under law and also how facts-in-issue or relevant facts are proved through oral and documentary evidence (Section 56 to 100).

• Part III- By whom and in what manner must the evidence be produced. It deals with the procedure for production of evidence and the effects of evidence (Section 101 to 167).

Under Section 2 of the Act important terms and clauses used are defined. It is necessary to understand the legal meaning (as against the literal meaning) of special words used in an act.

"Court": Court includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence.

"Facts": "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:

   1. That there are certain objects arranged in a certain order in a certain place, is a fact.

   2. That a man heard or saw something is a fact.

   3. That a man said certain words is a fact.

   4. That a man has a certain reputation is a fact.

"Matter of Fact": is anything, which is the subject of testimony. 'Matter of law' is the general law of the land, of which the courts will take judicial cognizance.

"Relevant facts": One fact is said to be relevant to another when the one is connected with the other in any way of the ways referred to in the provisions of this ACT relating to the relevancy of facts. Chapter II of the ACT comprising sections 5 to 31 deals with relevancy of facts.

"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.

The above definition also carries an 'Explanation' as under:

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 or the murder of B

At his trial the following facts may be in issue:-

• that A caused B's death; that A intended to cause B's death; 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.

Illustrations:

• Words printed, lithographed or photographed are documents;

• A map or plan is a document;

• An inscription on a metal plate or stone is a document;

• A caricature is a document.

"Evidence": Evidence means and includes-

• All statements, which the Court permits or requires to be made before it by witnesses, in relation to maters of fact under inquiry; such statements, are called oral evidence:

• All documents produced for the inspection of the Court; such documents are called documentary evidence.

"Proved facts": A fact is said to be proved, when after considering the matters before it, the Court either believes it to exist, or consider as 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 facts": 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 that a prudent man ought, under the circumstances of that particular case, to act upon the supposition that it does not exist.

"Not proved facts": A fact is said not to be proved when it is neither proved nor disproved.

Section 4 defines the 'Presumption' (that is matters which are taken for granted in the absence of proving the contrary)

• Whenever it is provided that a Court may presume a fact, it may either regard such a fact as proved, and until it is disproved, or may call for proof of it

• 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.

• When one fact is declared by this Act as 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.