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Report No. 185

Section 3

Definition of the word "court".- It is not necessary to include all revenue courts within the definition of 'Court' for purposes of the Evidence Act. The question whether the provisions of the Evidence Act apply or not, would depend upon the nature of the tribunal, the nature of inquiry contemplated and other special characteristic of each such 'revenue court'. We are, therefore, not in favour of applying the Evidence Act to all 'revenue courts'.

Definition of Evidence: The words 'means and' be omitted.

Definition of Document: The meaning of the word 'document' is expanded, stating that it shall include any substance having any matter written, expressed, inscribed, described or otherwise recorded upon it by means of letters, figures or marks, or by any other means, or by more than one of these means, which are intended to be used or which may be used for the purpose of recording that matter. An Explanation is also prepared to say that it is immaterial by what means the letters, figures or marks are formed or decoded or retrieved.

Definition of the word "fact".- The words 'means and' may be deleted in order to avoid confusion. Definition of 'fact in issue': The words 'and includes' be omitted.

Definition of the word " relevant".- We agree with the 69th Report and do not think that the definition of 'relevance' should be amended by linking it up with 'proof' or rendering other facts probable in as much that concept is already incorporated in the definition proved in section 3.

Definition of the words "proved", "disproved" and 'not proved".- We do not think that any amendment be made in respect of the words 'proved', 'disproved' or 'not proved'.

Definition of the word 'India'.- No modification is necessary with regard to this definition.

Definition of the words 'Certifying Authority', digital signature', Digital Signature Certified', 'Electronic Form', 'electronic records', 'information', 'secure electronic record', 'secure digital signature', 'subsection' The words have been recently brought into section 3 by the Information Technology Act, 2000 and require no further change.

Other definition.- if to be added?

Judiciary proceeding:.- Having said that the definition of 'Court' need not be incorporated and that it is best left to the Court to decide whether a body is a 'Court' or not, we feel that likewise, it will be necessary to leave the meaning of 'Judicial proceeding' to be decided on the basis of the particular provision of the statute.

Admissible.- The word 'admissible' be defined as 'admissible in evidence'.

Review of the Indian Evidence Act, 1872 Back

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