Section 2: Definitions

Overview

Section 2 of the Bhartiya Sakshya Bill, 2023, acts as a foundational dictionary for the entire Act. It clearly defines the core terms used throughout the law, ensuring everyone – judges, lawyers, and parties involved – understands what these terms mean in a legal context. This clarity is crucial for fair trials and consistent application of the rules of evidence.

Key Principles / Ingredients

• What type of evidence is covered: This section doesn’t specify *types* of evidence directly, but the definitions apply to all forms – oral testimony (what witnesses say), documentary evidence (written documents), electronic records (emails, messages), and even presumptions (things the law assumes to be true unless proven otherwise).
• Conditions for admissibility or relevancy: The definitions themselves don’t make evidence admissible or irrelevant. However, understanding what constitutes ‘evidence’ and a ‘fact’ is the first step in determining if something *can* be presented in court and if it’s *relevant* to the case.
• Any burden of proof implications: The definitions of ‘proved’, ‘disproved’, and ‘not proved’ are vital for understanding who needs to demonstrate something in court. 'Proved' means the court believes it to be true; 'disproved' means the court believes it to be false; and 'not proved' means there isn't enough evidence to reach a conclusion either way. This directly impacts which party carries the burden of proof.

How Courts Use this Provision

Judges constantly refer back to Section 2 when evaluating evidence presented in a trial. If there’s a dispute about what a particular item *is* (e.g., is this email a ‘document’ under the law?), or what it means to ‘prove’ a fact, the judge will look to these definitions for guidance. It ensures consistent interpretation across different cases.

Illustrations and Examples

• Example 1 – Simple Situation: A witness testifies they saw the accused steal a wallet. The testimony itself is ‘evidence’. The act of stealing is a ‘fact’ the prosecution needs to ‘prove’.
• Example 2 – More Complex: A photograph of the accused near the crime scene is presented. Is it a ‘document’? Yes, under the Bill, it’s a record of information. If the defense argues the photo is altered, they are attempting to ‘disprove’ its authenticity – meaning they are trying to show it doesn’t accurately represent the ‘fact’ of what happened.

Important Provisos / Explanations

Section 2 doesn’t contain specific provisos or explanations. However, the definitions are carefully worded to cover a wide range of scenarios. The definitions of 'fact' and 'evidence' are broad to encompass all potential forms of proof.

Difference from Old Evidence Act (if applicable)

The Bhartiya Sakshya Bill, 2023, largely retains the definitions from the Indian Evidence Act, 1872. However, there's a greater emphasis on including electronic records within the definition of ‘document’, reflecting the modern digital age. The language has also been updated for clarity and precision.

Key Takeaways

• Section 2 defines essential legal terms.
• These definitions apply to all types of evidence.
• Understanding these terms is crucial for determining admissibility and relevance.
• The definitions of ‘proved’, ‘disproved’, and ‘not proved’ impact the burden of proof.