⚖ BSA 2023 · Chapter MapChapter I · Preliminary · Section 2

§2

§ SECTION 2 · BSA 2023 · CHAPTER I — PRELIMINARY

Definitions

The Act’s dictionary: twelve home-grown definitions — from “Court” and “fact” to the proof scale and the presumption dial — plus a borrowing clause for words defined in the IT Act, the BNSS and the BNS.

How to read Section 2

A dictionary in two parts — and inside part one, a scale and a dial worth mastering first.

What it is about

2(1) defines twelve terms, clauses (a)–(l); 2(2) borrows every other defined word from the IT Act, 2000, the BNSS, 2023 and the BNS, 2023.

The proof scale

“Proved”, “disproved”, “not proved” fix how sure a court must be — the prudent-man standard of practical probability, not mathematical certainty.

The presumption dial

“May presume” = a choice; “shall presume” = a duty until disproved; “conclusive proof” = no counter-evidence allowed at all.

The bare Act

The section in its own words — each defined term marked, with its Illustrations and Explanation in place.

Section 2 · verbatim

(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.

In short: 2(1) hands the Act its working vocabulary — who counts as a Court, what a fact, a document and evidence are (all three expressly reaching electronic and digital records), how sure is sure enough (proved / disproved / not proved, by the prudent-man standard), and the three presumption settings (may presume · shall presume · conclusive proof). 2(2) fills every gap from the IT Act, the BNSS and the BNS.

→ Wherever the Adhiniyam says a fact is “proved”, read: a prudent person would act on it — probability fit for action, not absolute certainty.

Glossary

unless the context otherwise requires

The definitions yield where a particular section plainly uses a word differently.

means vs. includes

“Means” closes a definition; “includes” extends it beyond its ordinary sense — “means and includes” does both.

Illustration

A worked example printed with the section — it shows how the clause operates.

Explanation

A clarifying note that is part of the section itself — here, tying “facts in issue” to issues framed under civil procedure.

prudent man

The reasonable, careful person — the yardstick for “proved” and “disproved”: would such a person act on it?

The picture

The two instruments hidden inside the definitions — the proof scale, and the presumption dial.

Definition by definition

Tap a clause — the picture-story tells the definition first; the word-by-word text and example follow.

(1) TWELVE definitions — the Act’s own words→(2) BORROWED words — IT Act · BNSS · BNS

(a) Court(b) conclusive proof(c) disproved(d) document(e) evidence(f) fact(g) facts in issue(h) may presume(i) not proved(j) proved(k) relevant(l) shall presume(2) borrowed

cl. (a)“Court”

In one lineAnyone the law authorises to take evidence is a “Court” here — except an arbitrator.

“Court”the wordthe term being defined.

includesopens up“includes” = the list that follows only widens the meaning; it is not a closed list.

all Judges and Magistrates,the obvious onesevery Judge and every Magistrate — of any rank.

and all persons,anyone elseany other person too… if they pass the test coming below.

except arbitrators,⚠ one exceptionONLY arbitrators are thrown out. Nobody else can be squeezed into this exception.

legally authorised to take evidence;the testthe authority must come from law. An arbitrator’s power comes only from the parties’ agreement — that is why he fails.

ExampleA Commissioner appointed by a court to record a witness’s evidence at her home is a “Court” while doing that work — the law gave him that authority. An arbitrator hearing the same dispute in a grand hall is not.

✗ Not this“Court” here is not only the building with a judge. A commissioner at a kitchen table can be a “Court”; a full arbitration hall is still not one. Function decides — not furniture.

cl. (b)“conclusive proof”

In one lineProve fact A — fact B is then settled automatically, and the other side is not even allowed to argue against B.

“conclusive proof” meansthe wordthe term being defined. “Means” = this sentence is the complete meaning.

when one factfact Athis rule always has two facts. Here is the first — call it fact A.

is declared by this Adhiniyamonly the lawonly this Act itself can create the link. No judge, no lawyer can invent one.

to be conclusive proofthe linkthe strongest link the law can make between two facts.

of another,fact Bthe second fact — fact B. A is the key; B is the lock it opens.

the Court shall,must“shall” = must. The judge has no choice.

on proof of the one fact,your only jobprove fact A the normal way. That is the only thing to prove.

regard the other as proved,automaticthe moment A is proved, B counts as proved too — zero evidence needed about B.

and shall not allow evidence⚠ total bannow the ban: the court must refuse all evidence…

to be given⚠ total ban…nobody may even place it before the court…

for the purpose of⚠ aimed at…if its purpose is…

disproving it;⚠ attacking B…attacking fact B. (Attacking the proof of fact A stays open.)

ExampleA later section of this Act says: birth during a valid marriage is conclusive proof that the child is legitimate. So: prove the marriage, prove the birth during it (fact A) — done. Legitimacy (fact B) stands proved, and the other side cannot call even one witness against it. (That section keeps one narrow exception of its own — non-access — nothing else gets in.)

✗ Not thisConclusive proof is NOT just “very strong evidence”. Strong evidence can be answered; conclusive proof cancels the fight itself. And it is not “shall presume” — there the assumption can be disproved; here it cannot.

cl. (c)“disproved”

In one lineAfter weighing everything, a sensible person would bet the fact is NOT true — that is “disproved”.

“disproved” in relation to a fact, means when,the wordthe negative end of the proof scale.

after considering the matters before it,weigh everythingthe judge reads the whole file, not one paper.

the Court either believes that it does not exist,route 1the judge simply does not believe it.

or considers its non-existence so probableroute 2OR finds it very probably untrue — 100% certainty is never needed.

that a prudent man ought,sensible personmeasured by a sensible, careful person — not by suspicion or fantasy.

under the circumstances of the particular case,in this casejudged inside this case’s facts, not in the abstract.

to act upon the supposition that it does not exist;would act on itso sure that a sensible person would carry on life as if the fact is not true.

ExampleThe defence produces CCTV placing the accused 300 km away at the time. Weighing it, the court treats “he was at the scene” as disproved — a sensible person would act on his absence.

✗ Not this“Disproved” is not the same as “not proved”. Disproved = shown false. Not proved = still hanging — shown neither true nor false.

cl. (d)“document”

In one lineAnything recorded — on anything, by any method, to keep that matter — is a “document”. WhatsApp, emails, voicemail included.

“document” meansthe wordthe term being defined.

any matter expressed or described or otherwise recordedthe contentsomething said, drawn, photographed or stored.

upon any substanceon anythingpaper, stone, metal, film, a memory chip — the surface never matters.

by means of letters, figures or marks or any other meansby any methodhandwriting, print, symbols, computer code — the method never matters.

or by more than one of those means,mixed alsoa mix counts too — a map with words and numbers.

intended to be used, or which may be used,meant or usablemade for recording — or simply capable of it. Either is enough.

for the purpose of recording that matterto keep itthe whole point: it keeps the matter for later.

and includes electronic and digital records.digital toosaid in plain words: electronic and digital records ARE documents.

ExampleA WhatsApp chat: the messages (content) sit in the phone’s memory (surface) as digital data (method), and can be pulled up to show what was said — a document.

✗ Not thisA document is not only an official paper. A caricature, an inscription on stone, a voicemail — all documents. Recording matters; officialdom does not.

The six Illustrations — each as its own scene:

A man writing a letter at a desk - a writing is a document

(i) A writing is a document — matter set down by hand.

cl. (e)“evidence”

In one lineEvidence = what witnesses tell the court (oral) + what is placed before the court to inspect (documentary). Only these two.

“evidence” means and includes—two kinds onlythe whole of “evidence” is the two kinds below — but each kind is read widely.

(i) all statements including statements given electronicallykind 1: spokenwhat witnesses say — including through a video call.

which the Court permits or requires to be made before itcourt’s controlit counts only when the court allows or asks for it.

by witnesses in relation to matters of fact under inquiryby witnessessaid by witnesses, about the facts being tried.

and such statements are called oral evidence;its namethis kind is named oral evidence.

(ii) all documents including electronic or digital recordskind 2: papers & filesdocuments — including digital files.

produced for the inspection of the Courtplaced before courtit becomes evidence when put before the court to examine.

and such documents are called documentary evidence;its namethis kind is named documentary evidence.

ExampleIn a cheque-bounce trial: the complainant deposing by video-link = oral evidence. The returned cheque and the bank’s memo, placed before the court = documentary evidence.

✗ Not thisWhat a lawyer argues is not evidence. What the media says is not evidence. Only witness statements and produced documents are.

oral — witness statements, incl. electronic testimony

documentary — documents, incl. digital records

cl. (f)“fact”

In one lineA “fact” is anything the senses can notice — AND anything happening inside a person’s mind.

“fact” means and includes—the wordwider than the everyday word.

(i) any thing, state of things, or relation of things,outside worldthings, situations, relationships.

capable of being perceived by the senses;sense testyou can see / hear / touch / smell / taste it.

(ii) any mental condition of which any person is conscious.inside the mindintention, knowledge, good faith, fear — mental states are facts too.

Example“The knife was in A’s bag” — outer fact. “A knew it was there” — inner fact. The law lets you prove both.

✗ Not this“Fact” is not only what happened outside. “A intended to kill” is as much a fact as “the knife was in his bag”.

The four Illustrations — each as its own scene:

cl. (g)“facts in issue”

In one lineThe facts the fight is actually about — answer them, and the case answers itself.

“facts in issue” means and includesthe wordthe facts the case turns on.

any fact from which,decisive facta fact with legal consequences hanging on it.

either by itself or in connection with other facts,alone or togetheron its own, or joined with others.

the existence, non-existence, nature or extentwhat hangs on itwhether a right exists, does not exist, its kind — or how much.

of any right, liability or disability,rights & dutiessomeone’s right, someone’s liability, someone’s legal disability.

asserted or denied in any suit or proceeding,in disputeone side says yes, the other says no.

necessarily follows.must followthe legal result must follow from that fact as a matter of course.

Explanation.—Whenever, under the provisions of the law for the time being in force relating to Civil Procedure,civil casesin a civil suit…

any Court records an issue of fact,framing…when the court frames an issue of fact…

the fact to be asserted or denied in the answer to such issue is a fact in issue.automatic…that framed fact is automatically a fact in issue.

ExampleIn A’s murder trial, “did A cause B’s death?” is a fact in issue — guilt follows from its answer. “What B ate that morning” is not — unless it connects to the cause of death.

✗ Not thisEvery fact in a case is NOT a “fact in issue”. Hundreds of facts float around a trial; only the ones liability hangs on qualify.

The murder-trial Illustration — the four candidate facts in issue, each as its own scene:

cl. (h)“may presume”

In one lineThe judge can assume the fact — or ask for proof. Judge’s choice; either way it can still be disproved.

“may presume”.—Whenever it is provided by this Adhiniyamwhere it appliesworks wherever the Act uses these words.

that the Court may presume a fact,choice“may” = allowed, never forced.

it may either regard such fact as proved,path 1: assumetreat it as proved for now…

unless and until it is disprovedcan be undone…but the other side can knock it down anytime.

or may call for proof of it;path 2: ask proofor simply say: prove it.

ExampleA thirty-year-old sale deed from proper custody: the court may presume it was properly signed — or, if something smells wrong, demand proof of signing.

✗ Not this“May presume” is not a duty. The judge can refuse to presume. Compare “shall presume” — there, assuming is compulsory.

cl. (i)“not proved”

In one lineNeither side settled the fact — it just hangs. That is “not proved”.

“not proved”.—A fact is said to be not provedthe middlethe middle state of the scale.

when it is neither provednot true enoughthe evidence never made it believable enough…

nor disproved;not false either…nor showed it false. It stays unsettled — and the side that had to prove it loses that point.

ExampleThe sole eyewitness turns hostile; nothing else touches the point. The fact is not proved — and whoever carried the burden of proof suffers.

✗ Not this“Not proved” does not mean the fact is false. It may well be true — the proof just failed.

cl. (j)“proved”

In one lineSo believable that a sensible person would act on it — that is “proved”. Certainty is never demanded.

“proved”.—A fact is said to be proved when,the wordthe master test used everywhere in this Act.

after considering the matters before it,weigh everythingthe whole file, weighed together.

the Court either believes it to exist,route 1the judge believes it.

or considers its existence so probableroute 2OR finds it highly probable — proof beyond all doubt is not the test.

that a prudent man ought,sensible personmeasured by a sensible, careful person.

under the circumstances of the particular case,in this caseinside this case’s setting.

to act upon the supposition that it exists;would act on itsure enough to stake a real decision on.

ExampleThe lender shows the signed note, the banker proves the transfer, a handwriting expert matches the signature. A sensible person would act on “he signed it” — proved, though nobody photographed the signing.

✗ Not this“Proved” does not mean 100% mathematical certainty. Courts act on working probability — criminal cases simply demand a higher degree of it.

cl. (k)“relevant”

In one lineOne fact is “relevant” to another only if the Act’s own list (Chapter II) recognises the connection.

“relevant”.—A fact is said to be relevant to anothera pairalways two facts: one pointing at the other.

when it is connected with the otherconnectionsome link must exist…

in any of the ways referred tolisted ways only…and only the ways on the Act’s own list count.

in the provisions of this Adhiniyam relating to the relevancy of facts;the list: Ch. IIthat list is Chapter II (§§ 3–50): cause, effect, motive, conduct, admissions and so on.

ExampleB stood to inherit under A’s will — that connects to “did B kill A?” through a listed route (motive): relevant. B’s taste in films has no listed route: irrelevant.

✗ Not this“Logically connected” is not enough. If the connection is not one of Chapter II’s routes, the court will not hear it — however interesting it sounds.

cl. (l)“shall presume”

In one lineThe judge MUST assume the fact — but the other side may still disprove it.

“shall presume”.—Whenever it is directed by this Adhiniyamwhere it appliesworks wherever the Act uses these words.

that the Court shall presume a fact,the targetthe particular fact the Act points at.

it shall regard such fact as proved,must assume“shall” = must. No discretion.

unless and until it is disproved.still beatablethe other side can still bring evidence and break it — unlike conclusive proof.

ExampleA certified copy of a public document: the court must presume it genuine — but the opponent remains free to disprove it.

✗ Not this“Shall presume” is not final. It only shifts the starting line: the fact stands proved until disproved. Conclusive proof is the one nobody may answer.

sub-s. (2)Borrowed definitions

In one lineA word used here but not defined here takes its meaning from the IT Act, the BNSS or the BNS — automatically.

Words and expressions used herein and not definedthe gapa word the BSA uses but never defines.

but defined in the Information Technology Act, 2000 (21 of 2000),dictionary 1the IT Act — computer and electronic-record words.

the Bharatiya Nagarik Suraksha Sanhita, 2023dictionary 2the BNSS — procedure words.

and the Bharatiya Nyaya Sanhita, 2023dictionary 3the BNS — offence words.

shall have the same meaningsautomatic“shall” — the borrowed meaning applies by itself.

as assigned to them in the said Act and Sanhitas.word-for-wordread the donor’s definition as if printed here.

Example“electronic record” appears in this Act but is defined in the IT Act, 2000 — that definition governs here, word for word.

✗ Not thisYou do not get to pick a dictionary or Google meaning. If a donor Act defines the word, that definition governs.

Connected provisions

§ 1 · BSA

Short title, application & commencement

The gate this dictionary serves — and the same arbitrator exclusion appears in both.

§ 3 · Ch. II

Relevancy begins

Clause (k) points straight at Chapter II — the “ways” in which one fact may be connected to another.

§§ 56–93 · Ch. V

Documentary evidence

Where the “document” and “electronic record” definitions do their heaviest work.

2(2) sources

IT Act · BNSS · BNS

The borrowed shelf: technical and criminal-procedure vocabulary flows in from the 2000 Act and the 2023 Sanhitas.

← § 1Short title, application and commencement.§ 3 →Evidence may be given of facts in issue and relevant facts — Chapter II opens.