Fact
in Issue
Legislation
Section
3 of Evidence Act 1950
fact
in issue” means 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
In
other words, fact in issues means the matter which is in dispute or which forms
the subject of investigation.
Author’s Opinion
Sir
James Stepehen
(a) All facts which, by the firm of the pleadings in any action, are
affirmed on one side and denied on the other.
(b) In action in which there are no pleadings or in which the forms
of pleadings is such that distinct issues are not joined between the parties,
all facts from the establishment of which the existence, non-existence, nature
or extent of any right, liability or disability asserted or denied in any such
case would by law follow.
Example
A
is charged with murder B.
The
prosecutor must proved the following facts
(a) B died
(b) A caused the death of B
(c) A had intention to cause the death of B
·
(a) – (c) = Fact In Issues
Relevant Facts
Relevant
Facts are facts so connected with each other as to prove or disprove the facts
in issue.
Relevant
facts are not themselves issues before the court. However, they are useful
inference regarding the facts in issue.
Example
A
is charged with murder of B.
Facts
in issue
(a) B died
(b) A caused the death of B
(c) A had intention to cause the death of B
Relevant
facts
A
had the motive to kill B and also the opportunity to commit murder are relevant
facts for the prosecution. An inference as to the existence of the facts in
issues may be drawn from these relevant facts.
Distinction between Relevant Facts and
Facts in Issue
Facts in issue are facts which are in dispute
and which form the subject of decision in a case.
Relevant facts are connected facts, because
of their connection with the principal fact, they lead to an inference as to
the existence or non-existence of the facts in issue.
Examples of Relevant Facts Under Evidence
Act 1950
Section
5 – section 16
Facts
logically connected with facts in issue, or relevant facts – Motive section 8
Section
17 – 31
Admission
and Confession
Section
32-33
Statements
by Person who cannot call as witness – Dead person or person who cannot be
found
Section
34-37
Statements
under special circumstances- Book Accounts
Section
40-44
Judgement
in Other case
Section
45-51
Opinion
of Third Persons
Section
52-55
Evidence
as to character. – Previous good character.
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