Before starting the discussion on the topic, it is important to bear in mind that facts and evidences are not the same they are different. As evidence is a means to prove a fact, means we give evidences to prove or disprove the facts which are raised before a court. For instance, whether A’ killed B’ or not – is a fact that needs to be proven via evidences.
The definition of evidence is given under section 3 of the Evidence Act and which says evidences are of two types i.e. oral and documentary evidence. When oral testimony is given before a court by the witness then such oral testimony is said to be oral evidence. And when any document is produced by a party for the inspection of the court then such document is said to be documentary evidence.
Therefore, facts are proved by producing oral or documentary evidences before the court.
Facts are also defined under section 3 of the Indian Evidence Act. According to the definition, facts are of two types-
- Physical facts
- Mental or phycological facts
Physical Facts- means anything, state of things, relation of things are said to be physical facts.
“anything” here means any fact that is perceived through any of the senses, like any sound heard, saw someone hitting another, stinky smell, etc.
“State of thing” here means any fact that is done in repetition and is within the knowledge of others, Like A’ has a habit of taking alcohol every night after 9 pm.
“relation of thing” here means any fact that shows the relation between two people, like a birth certificate shows the relation between a child and his mother.
Mental Fact- means facts of which person is conscious, means if any fact which is not within the person’s knowledge or in sub-conscious mind then such fact will not be a mental fact for the purpose of the Evidence Act.
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