The Indian Evidence Act of 1872, a legislation enacted by the British Parliament during India’s colonial era, lays down a comprehensive framework of rules and principles governing the admissibility and validity of evidence in the Indian judicial system. It specifically outlines the definition and significance of terms such as “fact,” “relevant,” “facts in issue,” “evidence,” “proved,” “disproved,” and “not proved” in Section 3 of the Act.
Facts in issue | Indian Evidence Act, 1872
Facts in Issue – “The expression “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.
Under section 5, evidence can be given only of facts which are in issue or which are relevant to a fact in issue. Sections 6 to 55 deal with facts which may be relevant to a fact in issue.
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.”
Also Read: IPC Section 218
Relevant Facts | IEA, 1872
Relevant Facts – “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.” Again, to put it simply, when a fact is connected to the disputed fact i.e., the fact in issue, it is a relevant fact as it has a bearing on the former.
- A relevant fact is a factum probandi, which is an evidentiary fact that directly or indirectly proves or disproves the facts in issue. A fact in issue is the primary facts in dispute, or factum probandum.
- The facts that are in dispute are those that have been affirmed by one side and disputed by another. Even while relevant facts are not at issue in and of themselves, they are crucial in settling disputes. They serve as the basis for inferring things about them.
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- “Facts in issue” are those facts from which certain legal rights, liabilities, or disabilities may result and on the basis of which a decision is made. A “relevant fact” is not a requirement for the existence of a right or obligation. It merely assigns probability to the right and liability’s existence or absence.
- ‘Facts in issue’ are determined by the Courts basing upon the facts/ pleadings of the case at the stage of “framing of issue/charge”, but the Courts consider the relevant facts in supporting/denying those ‘facts in issue’ during the trial of the case i.e. to prove the facts in issue.
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