Section 3

anything, state of things or relation of things capable of being perceived by the senses;

any mental condition of which any person is conscious.

Illustrations

That there are certain objects arranged in a certain order in a certain place is a fact.

Evidence 14

That a man heard or saw something is a fact.

That a man said certain words is a fact.

That a man 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.

That a man has a certain reputation is a fact.

One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts;

“fact in issue” 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;

Illustrations

A is accused of the murder of B.

At his trial the following facts may be in issue —

that A caused B’s death;

that A intended to cause B’s death;

that A had received grave and sudden provocation from B;

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.

“document” means any matter expressed, described or howsoever represented upon any substance, material, thing or article, including any matter embodied in a disc, tape, film, sound track or other device whatsoever, by means of —

letters, figures, marks, symbols, signals or other forms of expression, description or representation whatsoever;

any visual recording (whether of still or moving images);

any sound recording or any electronic, magnetic, mechanical or other recording, whatsoever and however made, or any sound, electronic impulse or other data whatsoever;

Evidence

B.L.R.O. 4/2014 15

a recording or transmission of the means mentioned in paragraph (a), (b) or (c), or by more than one of the means mentioned in paragraph (a), (b), (c) or (d), intended to be used or which may be used for the purpose of expressing, describing or howsoever representing that matter;

Illustrations

A writing is a document.

Words printed, lithographed or photographed are documents.

A map, plan, graph or sketch is a document.

An inscription on wood, metal, stone or any other substance, material or thing is a document.

A photograph or a negative is a document.

A tape recording of a telephonic communication, including a recording of such communication transmitted over distance is a document.

A photographic or other visual recording, including a recording of photographic or other visual transmission over a distance is a document.

A matter recorded, stored, processed, retrieved or produced by a computer is a document.

“evidence” includes —

all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence;

all documents produced for the inspection of the court:

such documents are called documentary evidence.

“film” includes a microfilm and any negative;

“microfilm” means any transparent material bearing a visual image in reduced size either singly or as a series, and includes microfiche;

Evidence 16

“negative” means a transparent negative photograph on any substance or material, and includes any transparent negative photograph made from the original negative photograph.

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.

A fact is said to be “disproved” 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.

A fact is said to be “not proved” when it is neither proved nor disproved.

Presumption.