Indian Evidence Act: Facts and Issues

Jun 29, 2024

Definitions under the Indian Evidence Act

Main subjects:

  • A Fact
  • Fact in Issue
  • Relevant Facts

Last session review:

  • Important definitions: Court, Judge, Magistrate
  • Discussion on types of Evidence
  • Announcement of live class at 6:00 PM
  • Batch trailer announcement, discussion on launch date

Today's session:

A Fact

  • Two types of facts: Physical and Psychological
  • Physical Facts: Senses (Taste, Smell, Hearing, Sight, Touch)
  • Psychological Facts: Human mental state (Feelings, Intentions, Knowledge)
  • Example: Tree, tube light, person's lifestyle, etc.

Fact in Issue

  • The issues that are the center of dispute in court
  • Domestic issues: Dispute on house ownership between A and B, relation between A and B in a murder case
  • Concept: Core of the dispute

Relevant Facts

  • Facts that are connected to other facts and help in deciding the dispute
  • Data Section: Section 5 to 55
  • Time Range: Proof of facts available at the time of an event
  • Illustrations: Establishing facts through facts in issue

Important Sections and Their Uses:

  • Section 5-16: Generally logical relevancy
  • Section 17-31: Admissions and Confessions
  • Section 32-33: Non-Witness Statements
  • Section 34-35: Important documents and entries
  • Section 45-51: Expert Opinions
  • Section 52-55: Character Evidence

Illustration of Fact in Issue:

  • Example: Murder case between A and B
    • Fact in Issue: Whether A killed B or not
    • Relevant Facts: Witnesses present at the time of murder, weapon
  • Fact in Issue: One party asserts, the other denies
  • Value of Facts: Facts help in resolving the dispute

Difference in Civil and Criminal Matters:

  • Civil Case: Maximum possible proof of dispute
  • Criminal Case: Important to prove indicative evidence

Difference between Fact in Issue and Relevant Facts

  • Nature: Fact in Issue is the actual dispute whereas Relevant Facts prove it
  • Essential: Fact in Issue is concrete facts, connected to other issues
  • Value: Fact in Issue decides the opinion whereas Relevant Facts increase possibility

Conclusion:

  • Difference between Fact in Issue and Relevant Facts
  • Thursday's session will discuss Proof, Disproof, and other concepts
  • Stay connected through Telegram group
  • Next Administrative Law class for Bihar Judiciary on Sunday