BSA Section 2 — Definitions

Summary

Sub-section (1) lists the definitions that apply throughout this Adhiniyam, unless the context requires otherwise.

Under clause (a), the term Court includes all Judges and Magistrates, and all persons except arbitrators who are legally authorised to take evidence.

Under clause (b), conclusive proof means that when this Adhiniyam declares one fact to be conclusive proof of another, the Court must, once the first fact is proved, treat the other fact as proved and must not allow evidence to be given to disprove it.

Under clause (c), a fact is disproved when, after considering the matters before it, the Court either believes the fact does not exist, or considers its non-existence so probable that a prudent person ought, in the circumstances of the particular case, to act on the assumption that it does not exist.

Under clause (d), a document means any matter expressed, described, or otherwise recorded on any substance by letters, figures, marks, or any other means, or by more than one of those means, intended to be used or which may be used for recording that matter, and it includes electronic and digital records. The illustrations give examples: (i) a writing is a document; (ii) words printed, lithographed, or photographed are documents; (iii) a map or plan is a document; (iv) an inscription on a metal plate or stone is a document; (v) a caricature is a document; (vi) an electronic record on emails, server logs, documents on computers, laptops, or smartphones, messages, websites, locational evidence, and voice mail messages stored on digital devices are documents.

Under clause (e), evidence includes and means two things. Under sub-clause (i), all statements, including statements given electronically, which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry are called oral evidence. Under sub-clause (ii), all documents, including electronic or digital records, produced for the inspection of the Court are called documentary evidence.

Under clause (f), fact includes and means two things. Under sub-clause (i), any thing, state of things, or relation of things capable of being perceived by the senses is a fact. Under sub-clause (ii), any mental condition of which any person is conscious is a fact. The illustrations give examples: (i) that there are certain objects arranged in a certain order in a certain place is a fact; (ii) that a person heard or saw something is a fact; (iii) that a person said certain words is a fact; (iv) that a person 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.

Under clause (g), facts in issue includes and means 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 Explanation states that whenever, under the law 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. The illustrations give examples in a murder trial: (i) that A caused B's death; (ii) that A intended to cause B's death; (iii) that A had received grave and sudden provocation from B; (iv) 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.

Under clause (h), may presume means that whenever this Adhiniyam provides that the Court may presume a fact, the Court may either regard such fact as proved unless and until it is disproved, or may call for proof of it.

Under clause (i), a fact is said to be not proved when it is neither proved nor disproved.

Under clause (j), 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 person ought, under the circumstances of the particular case, to act upon the supposition that it exists.

Under clause (k), a fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts.

Under clause (l), shall presume means that whenever this Adhiniyam directs that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

Sub-section (2) provides that words and expressions used in this Adhiniyam that are not defined here but are defined in the Information Technology Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in those Acts and Sanhitas.

Official Text

(1) In this Adhiniyam, unless the context otherwise requires,—

(a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence;

(b) “conclusive proof” means when one fact is declared by this Adhiniyam to be 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;

(c) “disproved” in relation to a fact, means when, after considering the matters 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;

(d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.

Illustrations.

(i) A writing is a document.

(ii) Words printed, lithographed or photographed are documents.

(iii) A map or plan is a document.

(iv) An inscription on a metal plate or stone is a document.

(v) A caricature is a document.

(vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents;

(e) “evidence” means and includes—

(i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence;

(ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence;

(f) “fact” means and includes—

(i) any thing, state of things, or relation of things, capable of being perceived by the senses;

(ii) any mental condition of which any person is conscious.

Illustrations.

(i) That there are certain objects arranged in a certain order in a certain place, is a fact.

(ii) That a person heard or saw something, is a fact.

(iii) That a person said certain words, is a fact.

(iv) That a person 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;

(g) “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.

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 of the murder of B. At his trial, the following facts may be in issue:—

(i) That A caused B's death.

(ii) That A intended to cause B's death.

(iii) That A had received grave and sudden provocation from B.

(iv) 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;

(h) “may presume”.—Whenever it is provided by this Adhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it;

(i) “not proved”.—A fact is said to be not proved when it is neither proved nor disproved;

(j) “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;

(k) “relevant”.—A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts;

(l) “shall presume”.—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

(2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 (21 of 2000), the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya Sanhita, 2023 shall have the same meanings as assigned to them in the said Act and Sanhitas. PART II

Related Judgments

• YERIKALA SUNKALAMMA & ANR. vs STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE & ORS — Supreme Court of India (2025)
• DIPAK BABARIA & ANR. vs STATE OF GUJARAT & ORS — Supreme Court of India (2014)
• AHMEDABAD PVT. PRIMARY TEACHERS' ASSOCIATION vs ADMINISTRATIVE OFFICER AND ORS — Supreme Court of India (2004)
• BHARAT CO-OPERATIVE BANK (MUMBAI) LTD. vs CO-OPERATIVE BANK EMPLOYEES UNION — Supreme Court of India (2007)

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• IEA §3 — Definitions