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1) Meaning of Fact

The document defines key terms from evidence law: 1) A fact is anything that can be perceived by the senses, including mental states of consciousness. Facts in issue are facts relevant to determining rights, liabilities, or disabilities in a legal proceeding. 2) In a murder trial, facts in issue may include whether the accused caused the death, intended to cause the death, was provoked by the victim, or was incapable of understanding their actions due to mental illness. 3) Relevant facts are those connected to the facts in issue, and sections 5-15 of the Evidence Act govern what relevant facts must be proved in legal proceedings.

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TAJ AHAMED
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90 views4 pages

1) Meaning of Fact

The document defines key terms from evidence law: 1) A fact is anything that can be perceived by the senses, including mental states of consciousness. Facts in issue are facts relevant to determining rights, liabilities, or disabilities in a legal proceeding. 2) In a murder trial, facts in issue may include whether the accused caused the death, intended to cause the death, was provoked by the victim, or was incapable of understanding their actions due to mental illness. 3) Relevant facts are those connected to the facts in issue, and sections 5-15 of the Evidence Act govern what relevant facts must be proved in legal proceedings.

Uploaded by

TAJ AHAMED
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© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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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. 
2) Any mental condition if which any person conscious.

Illustrations : 

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

b) A person has an intention to commit murder. 

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.

Explanation.—
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             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.

          'Fact in issue' are those facts, which are alleged by one party and
denied by other party 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)     
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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 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, accuating 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.

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 Evidence Act,  relating to
the relevancy of facts.
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      The word 'relevant' has two meanings.  in one sense,
it means "connected" and another sense "admissible".

What relevant facts are to be proved?

Section 5 to 15

Presumption of fact:
Presumption of fact means presumption established from another
fact or group of facts. For instance, the possessor of recently
stolen goods is considered the thief by presumption of fact. It is a
type of rebuttable presumption. It is also called as factual
presumption.

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