Indian Evidence Act, 1872
IEA Section 3 in BSA
Interpretation clause. Section 3 of the Indian Evidence Act, 1872 (Interpretation clause) corresponds to Section 2 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
'Facts in issue' means:
Answer & explanation
Facts from which a right or liability necessarily follows
BSA Section 2 corresponds to IEA Section 3, the definitions provision. It also defines 'evidence', 'proved', 'disproved', 'not proved', 'document' and 'may presume', 'shall presume' and 'conclusive proof'.
A fact is said to be 'proved' when:
Answer & explanation
The court believes it, or a prudent man would act upon it
The standard is the prudent-man standard, applied more strictly in criminal cases (beyond reasonable doubt) than in civil cases (preponderance of probabilities).
Under the BSA, an electronic record now falls within the definition of:
Answer & explanation
Both a 'document' and 'evidence' within the meaning of the Act
This is one of the principal changes made by the BSA. Electronic and digital records are expressly brought within the definitions, giving them the same legal effect as paper records.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 2 | Extent and application | 1 |
| 5 | Evidence may be given of facts in issue and relevant facts | 3 |
| 6 | Relevancy of facts forming part of same transaction | 4 |
| 7 | Facts which are the occasion, cause or effect of facts in issue | 5 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table