Question

Under the Evidence Act, 'Court' includes

• A. All Judges
• B. All Magistrates
• C. All Arbitrators
• D. (a) and (b)

Hint:

The exclusion of arbitrators from the definition of "Court" in the Evidence Act is a very important point and frequently tested. It means that arbitrators are not strictly bound by the technical rules of the Evidence Act in their proceedings.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
Section 3 of the Indian Evidence Act, 1872, provides a specific, inclusive definition of the term "Court" for the purposes of the Act.

Step 2: Detailed Explanation:
The definition in Section 3 states:
"'Court' includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence."
This definition does two things:
1. It explicitly includes all Judges and all Magistrates.
2. It explicitly excludes Arbitrators.
It also includes other persons legally authorized to take evidence (like a Commissioner appointed by the court), but it definitively excludes arbitrators. Therefore, options (A) and (B) are included, but (C) is excluded. The correct choice is (D), which combines (A) and (B).

Step 3: Final Answer:
The definition of 'Court' under the Evidence Act includes all Judges and Magistrates but excludes arbitrators.