The evidence is given for the purpose of establishing the existence of a fact in issue. It means the matter in issue. 

1) Meaning of Fact :  

       The term 'Fact' means an 'an existing thing'  But under Evidence Act, the meaning of the word is not limited to only what is tangible and visible or, is in any way, the object of senses.

According to  Section 3 of The Indian Evidence Act, 1872 Fact means and includes : 

1) any thing, state of things or relation of things capable of being perceived by the senses. 

Illustrations : 

 a) That a man heard or saw something, is a fact.

 b)  That a man said certain words, is a fact.

2) any mental condition of which any person is conscious  

Illustrations :

a) A person has an intention to commit murder. 

b)That a man has a certain reputation, is a fact. 

Rights and liabilities in a judicial proceeding emerge out of fact. Section 3 of Indian Evidence Act categories fact into - 

    1) Physical facts and 

    2)  Psychological facts.  

A) Physical facts - It means and includes anything, state of a thing or relation of things, capable of being perceived by senses. In other words, all facts which are subject to the perception by bodily senses are physical facts .  They are also called external facts. 

B) Psychological facts - Those facts, which cannot be perceived by senses are 'Psychological Facts' They are also known as internal facts. Examples- Intention (Mens Rea) knowledge, good faith, fraud etc. 

2) Facts in issue (Section.3) :

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.


             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.


'A' is accused of the murder of 'B'.

At his trial the following facts may be in issue:—

That A caused B’s death;

That A intended to cause B’s death;

That A had received grave and sudden provocation from B;

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.

          'Fact in issue' are those facts, which are alleged by one party and denied by other parties in the pleading in a civil case or alleged by the prosecution and denied by the accused in a criminal case.

Example - A is accused of murdering B. at trial, the following facts may be in issue.

That A caused B's Death. ( It refers to the question, whether A has caused the death of B. If the answer is 'No', A is discharged/ acquitted. If the answer is 'Yes' the following questions will arise)     

That A is intended to cause B's Death. (If A caused B's death, the next question arises is, whether A had an intention to B's death or, not. If the intention(Mens Rea/Mental element) is present, it is murder or culpable homicide and A is awarded serious punishment i.e. death or life imprisonment. Otherwise (if intention/mens rea is absent) it amounts to an accident, which is a defense Under Section 80 I.P.C. If the accident is by negligence, the punishment is up to two years imprisonment or fine or both)

That A had received grave and sudden provocation from B (It refer to the question, whether B is instrumental/responsible for such a grave and sudden provocation by A, according to cause B's death.)

     That at the time of committing the act, whether A was incapable of knowing the nature and extent of the consequences (of his act) by reason of unsoundness or other (Even if A caused B's death intentionally, A may plead the defence, on the ground that he was incapable of knowing the nature and extent of consequence of the act he was doing, due to insanity under Section 84 I.P.C., drunkenness under Section 85 and 86 I.P.C etc.)

In short the questions, which give rise to a right or liability are called Fact in Issue.  The fact in issue is also known by its Latin name 'Factum Probandum' or that which is  to be proved.

See also: 

1) Distinction Between Facts in Issue and relevant Facts

2) The provisions regarding Facts which need not be proved

3) Distinction / difference between Relevancy and Admissibility

4) What is Admission ? Various provisions relating to admission

5) The Examination of Witnesses


See Also..