Fact-in-Issue

 

Comprehensive Explanation of "Fact-in-Issue" in the Indian Evidence Act, 1872

Introduction

The Indian Evidence Act, 1872 is the primary law governing evidence in India, which defines the nature, admissibility, and impact of evidence presented in courts. This Act introduces several crucial legal concepts, one of which is "Fact-in-Issue" (also known as "disputed fact" or "fact under controversy"). This concept is extremely important in judicial proceedings as the outcome of a case primarily depends on these facts.

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1. Definition of Fact-in-Issue

According to Section 3 of the Indian Evidence Act, 1872

“Any fact, the existence or non-existence of which is necessary to be determined by a court for establishing any legal right or liability, is called a Fact-in-Issue.”

This definition makes it clear that a fact is termed a Fact-in-Issue only when it directly relates to the issues present in a case and influences the judgment.

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2. Importance of Fact-in-Issue

The role of a Fact-in-Issue is crucial in the judicial system because:

1. Foundation of Judicial Decision – The entire case revolves around these facts.
2. Relevance of Evidence – Only evidence related to a Fact-in-Issue is admissible in court.
3. Helps in Proving or Defending a Case – Both prosecution and defense must determine which facts are actually in dispute.
4. Limits Court Proceedings – The court focuses only on disputed facts to avoid irrelevant matters.

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3. Difference Between Fact-in-Issue and Relevant Fact

Basis	Fact-in-Issue	Relevant Fact
Definition	A fact whose determination is essential for the court.	A fact that helps in proving or disproving a Fact-in-Issue.
Significance	The court's decision is based primarily on it.	These facts provide background information for the case.
Discussion in Court	Always examined by the court.	Considered only when linked to the Fact-in-Issue.
Example	In a murder case, whether the accused committed the crime is a Fact-in-Issue.	The accused being seen at the crime scene is a Relevant Fact.

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4. Types of Fact-in-Issue

(A) Fact-in-Issue in Civil and Criminal Cases

• In Civil Cases, facts-in-issue pertain to rights concerning property, contracts, marriage, inheritance, etc.
• In Criminal Cases, facts-in-issue involve elements proving or disproving a crime, such as murder, theft, rape, etc.

(B) Direct and Indirect Facts-in-Issue

1. Direct Fact-in-Issue – Facts that directly impact the court’s decision.
   • Example: If a person is accused of murder, "Did the accused kill the victim?" is a direct Fact-in-Issue.
2. Indirect Fact-in-Issue – Facts that help in proving the direct facts-in-issue.
   • Example: "Was the accused present at the crime scene at the time of the incident?" is an indirect Fact-in-Issue.

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5. Role of Fact-in-Issue in Judicial Decisions

During case proceedings, the court follows these steps:

1. Identifying Issues – At the beginning of the trial, the court determines which facts are in dispute.
2. Evaluating Evidence – The court examines all evidence related to the facts-in-issue.
3. Arguments and Debate – Both parties present their arguments to prove or disprove the fact-in-issue.
4. Judicial Conclusion – The court ultimately decides on the facts-in-issue and delivers its judgment accordingly.

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6. Methods of Proving a Fact-in-Issue

A Fact-in-Issue can be proven in court through the following means:

1. Oral Evidence – If a person is a direct eyewitness to an event, their testimony can establish a fact-in-issue.
2. Documentary Evidence – Written proofs (such as contracts, reports, letters) can help establish a fact-in-issue.
3. Circumstantial Evidence – If no direct evidence exists, circumstantial evidence can help confirm a fact-in-issue.
4. Confession & Admission – If an accused or party admits to a fact, it can serve as proof of a fact-in-issue.

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7. Judicial Perspective

The Indian judiciary has clarified the interpretation of Facts-in-Issue through various judgments.

1. Vinay Sharma v. State (2017) – In this case, the court clarified that the determination of a Fact-in-Issue depends on the evidence presented by both the prosecution and the defense.
2. Mohammad Ibrahim v. State (2018) – The court ruled that a fact cannot be considered a Fact-in-Issue unless it is directly linked to the dispute.

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Conclusion

Under the Indian Evidence Act, 1872, "Fact-in-Issue" is a crucial element of judicial proceedings. It serves as the foundation upon which an entire case is built. The primary function of the court is to determine the truthfulness of these facts and deliver an impartial verdict. If a fact has no direct connection to the dispute, it cannot be presented in court. Therefore, analyzing the distinction between a Fact-in-Issue and a Relevant Fact is essential in ensuring justice and truth.