Section 3 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 2 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 is the definitions section of the Act. It lays down the key terms and their legal meanings that are used throughout the Act, providing clarity and consistency in interpretation.
📜 Full Title:
Section 2 – Definitions
In this Act, unless the context otherwise requires,—
Here is a simplified summary of some key definitions under Section 2:
🔑 Important Terms Defined in Section 2:
| Term | Meaning |
|---|---|
| Court | All Judges, Magistrates, and persons legally authorized to take evidence. |
| Conclusive proof | When one fact is declared by the Act as conclusive proof of another, the court must accept the proved fact as final—no evidence to the contrary allowed. |
| Document | Any matter expressed or described on any substance by means of letters, figures, marks, or symbols, intended to be used or which may be used for recording that matter. This includes electronic records. |
| Disproved | A fact is considered disproved when the court believes it does not exist, or its non-existence is so probable that a prudent person would act on the assumption that it does not exist. |
| Evidence | Includes: |
| — Oral evidence (statements permitted or required by the court), | |
| — Documentary evidence (including electronic records). | |
| Fact | Includes: |
| — Anything capable of being perceived by the senses, | |
| — Anything that exists or does not exist, or events that have occurred. | |
| Fact in issue | Any fact from which the existence, nature, or extent of any right, liability, or disability can be inferred. |
| May presume / Shall presume / Conclusive proof | These phrases define the levels of obligation the court has in drawing inferences (presumptions) based on evidence. |
| Proved / Disproved / Not proved | These explain how courts determine whether facts are established, denied, or unclear based on available evidence. |
⚖️ Why It’s Important
Sets the framework for the rest of the Bharatiya Sakshya Adhiniyam.
Many later sections (from Section 3 onward) use these terms, so this section ensures uniform understanding across courts, lawyers, and investigators.
🧠 Example:
If a digital WhatsApp chat is submitted as a “document” in a case:
The court refers to Section 2’s definition of “document” to decide if it qualifies.
Then looks at “evidence” to decide if it’s admissible and how it should be weighed.
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