"Relevance of Fact in Issue and Relevant Fact" under Indian Evidence law including the
Bharatiya Sakshya Adhiniyam (BSA),
###
### Relevant Sections of the Indian Evidence Act:
- Section 5: Evidence relating to facts in issue and relevant facts can be given.
- Section 7: Facts which are the cause, effect, occasion, or connected to facts in issue
are relevant facts.
- **Section 8:** Expands relevant facts to include motive, preparation, and conduct,
important to infer mens rea or guilty intention.
- Section 9: Facts necessary to explain or introduce facts in issue or relevant facts.
- Sections 15-26: Admissions.
- Sections 32-33: Statements by persons who cannot be called as witnesses.
- Sections 45-51: Opinion of experts and others.
### Concept of Relevance under the Bharatiya Sakshya Adhiniyam (BSA), 2023
- The BSA clarifies the admissibility and relevancy of facts similar to the IEA but
modernizes provisions.
- **Section 3 of the BSA** states evidence must pertain only to facts in issue and
relevant facts declared under the Act, excluding irrelevant or inadmissible facts [2][4].
- BSA Sections 4 to 50 provide detailed guidelines on relevancy of facts and legal
connection between facts.
- Admissibility under BSA requires the evidence to be relevant and legally permissible
under procedural rules [2].
- The BSA brings reforms facilitating electronic evidence as primary evidence and
balances logical and legal relevancy.
- **Lakshmandas Chaganlal Bhatia v. State:** The court explained relevant facts as
those which serve to elucidate the facts in issue or establish identity, time, place, or
relation of parties [1].
- **State of UP v. Raj Narain (1975):** Highlighted the necessity to disclose identity of
the informer when it is relevant to explain or introduce relevant facts [7].
- Other illustrative cases show how motive, conduct, and preparation are used to infer
guilt.
Give three short examples distinguishing “fact in issue” and “relevant fact”
Here are three short examples distinguishing “fact in issue” and “relevant fact”
under the Evidence Act:
1. **Criminal Case of Murder**
- Fact in Issue: Whether the accused caused the death of the victim.
- Relevant Fact: The accused was seen near the crime scene at the time of the murder.
2. **Contract Dispute**
- Fact in Issue: Whether a valid contract existed between the parties.
- Relevant Fact: The parties were negotiating terms and exchanged emails prior to
signing.
3. **Theft Case**
- Fact in Issue: Whether the accused committed the theft.
- Relevant Fact: The accused was found in possession of stolen property shortly after
the theft.
In all these examples, the fact in issue is the main disputed fact on which the case
hinges, whereas the relevant fact is an ancillary fact that supports or helps
prove/disprove the fact in issue by providing context or connecting evidence [1][4][3].
Provide a concise definition and differences between “fact in issue” and “relevant fact”
under the Evidence Act
Here is a concise definition and differences between “fact in issue” and “relevant fact”
under the Evidence Act:
### Definition
Section 3 of the Indian Evidence Act defines “fact” as:
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.
Thus, facts may be physical or psychological.
The Bharatiya Sakshya Adhiniyam, 2023 (Section 2(1)(f)) retains this meaning,
modernising the wording slightly but without changing the essence.
Illustration:
The act of A stabbing B is a fact (perceivable by senses).
The intention of A to cause B’s death is also a fact (mental condition).
Fact in Issue
As per Section 3 of IEA and Section 2(1)(g) of BSA, facts in issue are:
➢ “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.”
Features of Fact in Issue
1. They are directly in dispute between the parties.
2. They determine the scope of adjudication.
3. They are always material and admissible
4. They are framed as issues during pleadings and trial.
Example
In a murder case against A:
Whether A caused the death of B.
Whether A had the intention to kill B.
Both are facts in issue.
Relevant Fact
Definition
Relevant facts are those facts which, though not in dispute, are connected to the facts
in issue in such a way that they help in proving or disproving them.
Under the Indian Evidence Act, relevancy is discussed from Sections 6 to 55.
Under the Bharatiya Sakshya Adhiniyam, 2023, it is dealt with from Sections 4 to 57.
Key Features
1. They are not directly in dispute.
2. They derive their value from their connection with facts in issue.
3. They are admissible only if expressly declared relevant under the Act.
4. They provide circumstantial evidence to strengthen or weaken the case.
Example
Motive of A to kill B.
Previous threats by A to B.
Recovery of murder weapon from A’s possession.
These are relevant facts, not facts in issue.
Relevancy of Facts – The Legal Framework
Section 5, IEA / Section 4, BSA
Both provisions lay down the rule:
Evidence may be given only of facts in issue and of relevant facts, and of no others.
This ensures that irrelevant or prejudicial material does not enter the trial.
Judicial Approach and Case Laws
1. R v. Palmer (1856) – The English court held that motive and conduct of the
accused, though not facts in issue, are relevant facts in a poisoning case.
2. Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 – The Court
emphasized that circumstantial evidence (a chain of relevant facts) must be
complete to prove the fact in issue of guilt beyond doubt.
Importance in Legal Proceedings
Facts in issue: Define the subject matter of adjudication.
Relevant facts: Help the court reach a conclusion regarding the facts in issue.
Together, they:
1. Prevent irrelevant evidence from wasting judicial time.
2. Ensure fair trial by admitting only probative material.
3. Strengthen evidentiary value in both civil and criminal trials.
Relevance of Facts in Issue and Relevant Facts under Indian Evidence Act (IEA)
- **Section 5 of the Indian Evidence Act, 1872** states that evidence may
be given of facts **in issue** and of such **relevant facts**. Facts in issue
are the main facts in dispute in a case. Relevant facts are those which
relate to the facts in issue either directly or by way of inference [3].
**Relevance in Judicial Process
- Only facts in issue and relevant facts can be admitted as evidence —
ensuring focus on the main dispute and connected circumstances.
-
- Sections 5 to 16 of the Evidence Act/BSA elaborate the types of facts
considered relevant: those forming part of same transaction (Section
6/BSA S.4), occasion/cause/effect (S.7/BSA S.5),
motive/preparation/conduct (S.8/BSA S.6), and more.
Sections 4–50: Enumerate specific relevant facts (e.g., res gestae, admissions,
judgement in other cases, expert opinion) in BSA
