1) What is Fact  


Generally “Fact” means "an existing thing". But Under Evidence Act, the meaning of word 'fact' is not limited to what is tangible and visible but it also covers feelings, opinion and state of mind which are the invisible in nature. 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;           
          (2) any mental condition of which any person is conscious.

Examples -
   
           (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.
           (d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
           (e) That a man has a certain reputation, is a fact.

The existence of a certain state of things is a positive fact, the non-existence of it is a negative fact


2) “Relevant Fact” - 


     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 Indian Evidence Act,  relating to the relevancy of facts. (Section 3 of IEA).
   
  The word 'relevant' has two meanings.  in one sense, it means "connected" and another sense "admissible". One fact is said to be relevant to another when the one is connected with the other, in any of the way referred to in the provisions of the Evidence Act relating to the relevancy of facts (Section 5 to 55 of IEA).

There are two kinds of relevancy -
 
    (i) Logical Relevancy -
 
    (ii) Legal Relevancy -

 (i) Logical Relevancy - A fact is said to be logically relevant to another when by application of our logic it appears that one fact has a bearing on another fact.

(ii) Legal Relevancy - A fact is said to be legally relevant when it is expressed as relevant under Section 5 to 55 (Relevancy of Fact).



3) “Facts in issue” -


Section 3 of the Indian Evidence Act, 1872 defines Fact in Issue.

 According to 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.

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.

Illustrations -

    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.


See also...

Distinction Between Facts in Issue and relevant Facts

0 comments:

Post a comment

See Also..