Meaning and Legal Basis
Facts in Issue are the material facts that the court needs to determine in order to decide the case. They are central to both civil and criminal proceedings because the outcome depends on whether these facts are proved or disproved. Under the Indian Evidence Act, Sections 3 and 5, facts in issue are those which directly relate to the existence of a right, obligation, or liability. These facts form the core of the dispute, and all evidence produced in court aims to prove or disprove them. Understanding facts in issue is crucial for framing charges, pleading defenses, and presenting relevant evidence.
Types of Facts in Issue
Facts in issue can be classified into two main types:
- Primary Facts (Principal Facts) – The main facts essential to establish the case, such as actus reus and mens rea in criminal law.
- Secondary Facts (Inferential Facts) – Facts from which primary facts can be inferred.
Section 5 of the Evidence Act emphasizes that facts in issue are distinct from relevant facts, which may only help in proving facts in issue. Only facts that directly affect the rights or liabilities of parties are treated as facts in issue.
Importance in Legal Proceedings
Facts in issue serve as the basis for framing evidence and arguments. Without identifying facts in issue, parties may present irrelevant evidence, leading to delays and inefficiency. Courts use facts in issue to guide examination-in-chief, cross-examination, and presentation of documents. They also help determine the burden of proof under Sections 101–102, as parties know which facts they must prove or disprove. Proper identification ensures that trials are focused, evidence is relevant, and justice is delivered efficiently.
Real-Time Example
In a theft case, the facts in issue include: whether the accused stole the property, whether the property belongs to the complainant, and whether the accused had the intention to commit theft. Witness testimonies, CCTV footage, and recovery of stolen items are all examined to prove or disprove these facts. Any evidence unrelated to these core questions, like minor disputes between neighbors, is considered irrelevant. By focusing on the facts in issue, the court efficiently evaluates the guilt or innocence of the accused.
Mnemonic to Remember Facts in Issue
Mnemonic: “F-A-C-T-S”
- F – Fundamental facts to decide the case
- A – Acts or omissions central to the dispute
- C – Core of liability or right
- T – Tested through evidence
- S – Sections 3 & 5 recognition under Evidence Act
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