Law and You >Procedural Laws > Indian Evidence Act, 1872 > Facts in Issue

The Law of Evidence revolves around two cardinal things: facts and proof. It is these two things that combine to form evidence, which the court may or may not accept as showing the merit or otherwise of a party’s case. Where the court believes the facts shown by a party in any proceeding exist or when it is convinced that a reasonable person would see them as existing, the fact is said to be proved. If the court is not satisfied that those facts exist or is convinced that a reasonable person would not see them as existing, the fact is said to be “disproved”. Thus ‘Facts’ are important in any case. In this article, we shall study the meaning of the term ‘Facts in Issue’ ’. Knowledge of facts in issue and how to prove it with the available evidence and relevant facts composes the effective use of rules of evidence.

Defining Fact:

­According to Section 3 of the Indian Evidence Act, 1872, ‘Fact’ means and includes:

1. anything, state of things, or relation of things, capable of being perceived by the senses;
2. any mental condition of which any person is conscious.

Illustrations

(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.

Fact in Issue:

In the context of the Indian Evidence Act, 1872, a “fact in issue” refers to a fact that directly relates to and requires determination by the court for the resolution of a dispute. These facts are the central issues that parties in a legal proceeding seek to establish or negate. The Indian Evidence Act addresses the admissibility of evidence relevant to these facts in issue.

According to Section 3 of the Indian Evidence Act, 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,³any 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 simply means the disputed facts. In litigation or proceedings, generally, one-party claims that certain facts exist, while the other party denies the existence. In this case, the fact that it is accused by one party but denied by the other party is called a fact in issue. In other words, the controversial fact is the fact in issue. 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.

For example, A accused B of theft, but B denies the performance of any such activity. Here, the question of whether B had committed theft or not, is a fact in issue.

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 defence 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, actuating 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.

Characteristics of Facts in Issue:

• A fact in issue is that fact, which fundamentally affects the dispute before the court.
• They are disputed facts. One-party claims that certain facts exist, while the other party denies the existence.
• A fact in issue is a necessary ingredient of a right or liability. It is from such fact, either by itself or in connection with other facts, that the existence or non-existence of a right or liability necessarily follows whereas a relevant fact is not a necessary ingredient of a right or liability.
• Facts in issue determine what the court has to resolve and as such, must be proved by the party who has the burden of proving them. If that party fails to prove those facts at all or fails to prove them satisfactorily, his chances of succeeding in the case before the court would be very slim.
• They are also called factum probandum or principal facts.
• Knowledge of facts in issue and how to prove it with the available evidence and relevant facts composes the effective use of rules of evidence.

Importance of Facts in Issue:

• Knowledge of facts in issue and how to prove it with the available evidence and relevant facts composes the effective use of rules of evidence.
• Identification of the facts in issue is integral to a systematic approach to problems of evidence.
• Once the facts in issue in a particular case are clear then attention can be focused on the precise manner in which the evidence in question is probative of them.

Generally, in criminal cases the charge constitutes the facts in issue whereas in civil cases the facts in issue are determined by the process of framing of issues. The Court has to frame issues on all disputed facts which are necessary in the case. These are called: ‘issues of fact’ – when described in the context of Civil Procedure Code, and ‘fact in issue’ – when described in the language of Evidence Act.

According to Section 5 of the Indian Evidence Act, evidence may be given of facts in issue and relevant facts. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.

Conclusion:

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. Fact in issue simply means the disputed facts. In litigation or proceedings, generally, one-party claims that certain facts exist, while the other party denies the existence. Generally, in criminal cases the charge constitutes the facts in issue whereas in civil cases the facts in issue are determined by the process of framing of issues. Understanding the concept of facts in issue is crucial in the presentation of evidence during legal proceedings. The relevance of evidence is determined by its connection to the facts in issue. The Indian Evidence Act establishes a framework for the admissibility and presentation of evidence in a way that facilitates a fair and just determination of the disputed facts by the court.

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