Meaning and Legal Basis
A Fact in Issue refers to any fact that is directly in dispute between the parties and which the court must determine to decide the rights and liabilities of the case. Under Section 3 of the Indian Evidence Act, 1872, facts in issue are those facts from which the existence, non-existence, or extent of any right, liability, or legal consequence necessarily follows. In other words, these facts form the foundation of the case and must be proved or disproved for a decision to be reached. They are framed through pleadings, such as charge, plaint, or written statement. Only evidence relevant to these facts becomes admissible, ensuring that the trial focuses on essential elements and avoids irrelevant matters.
Nature and Scope of Facts in Issue
Facts in issue include elements that constitute the ingredients of an offence, the conditions of a right, or the essential components of a civil claim. For example, in a criminal case, the facts in issue may involve whether the accused committed the act, whether it was intentional, and whether it caused the prohibited consequence. In civil cases, facts in issue may concern ownership, breach, negligence, or performance of contractual duties. These facts often arise from the court’s formulation of issues under procedural laws like the Code of Civil Procedure or by reading the charge under CrPC in criminal matters. Their scope is confined to what must necessarily be proved for adjudication.
Importance in Legal Proceedings
Facts in issue play a crucial role in determining the relevancy and admissibility of evidence. The entire structure of the law of evidence revolves around proving or disproving these facts. Only those facts that logically relate to the facts in issue—called relevant facts under Sections 5–55—can be admitted as evidence. Judges and lawyers rely on the facts in issue to frame arguments, determine burden of proof, and decide the materiality of evidence. They guide the trial process by identifying the exact questions the court must resolve. Thus, facts in issue promote clarity, prevent unnecessary delays, and ensure that the proceedings remain focused on the core dispute.
Real-Time Example
In a murder case, the prosecution alleges that A stabbed B with the intention of causing death. The facts in issue include: (1) whether A caused the death of B; (2) whether A intentionally stabbed B; and (3) whether the act was committed with the required mens rea. Each must be proved to convict A under Section 302 of the IPC. Evidence such as eyewitness testimony, medical reports, and weapon recovery is considered only if it relates directly to these facts. This example shows how facts in issue form the backbone of the prosecution’s case and determine what evidence becomes relevant.
Mnemonic to Remember Fact in Issue
Mnemonic: “D-I-R-E-C-T” (Direct Ingredients Required for Establishing Core Truth)
- D – Directly in dispute
- I – Ingredients of offence/right
- R – Relate to rights and liabilities
- E – Essential for decision
- C – Connected to admissible evidence under Sections 5–55
- T – To be proved or disproved by parties
About lawgnan
For structured, exam-focused, and concept-driven legal learning, visit Lawgana.in, your trusted platform for mastering Evidence Act concepts with clarity. Whether you are preparing for judiciary exams, UPSC law optional, LL.B./LL.M. studies, or enhancing litigation skills, Lawgana.in provides simplified explanations, mnemonics, case illustrations, and section-wise notes that make complex topics easy. Strengthen your understanding of essential concepts like Facts in Issue, Relevant Facts, Burden of Proof, and more through well-organized and reliable content. Begin your smart legal preparation today. Visit Lawgana.in and experience clear, high-quality legal learning designed for students and professionals.
