1. Short title, extent and commencement
This Act may be called the Indian Evidence Act, 1872.
2 It extends to the whole of India except the State of Jammu and Kashmir and applies to all judicial proceedings in or before any Court, 3 4 including Courts-martial, other than Courts-martial convened under the Army Act, 44 45 Vict., c. 58 the Naval Discipline Act 29 30 5 6 Vict., c. 109 or - - - - - the Indian Navy Discipline Act, 1934 34 of 1934 , or the Air Force Act 7 Geo. 5, c. 51 but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator
And it shall come into force on the first day of September 1872.
2. Repeal of enactments
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3. Interpretation clause
In this act the following words and expressions are used in the following senses, unless a contrary intention appears from the context "Court".-"Court" includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence.
"Fact".-"Fact" means and includes 1 any thing, state of things, or relation of things, capable of being perceived by the sense
2 any mental condition of which any person is conscious.
a That there are certain objects arranged in a certain order in a certain place, is a fact.
b That a man heard or saw something, is a fact.
c That a man said certain words, is a fact.