Define Fact, fact in Issue and Relevant Fact, (Section 3 Indian Evidence Act)
Fact, Fact in Issue and Relevant Fact is defined under section 3 of Indian Evidence Act.
- FACT
Fact can be divided in two types one is physical facts and another is mental facts:
Physical facts are those things (which can be perceived by any one of 5 senses of a human being), state of things (it is those repetitive things done by any person) and relation of things (means any document or object which shows the relation of things).
Mental fact are those psychological facts of which any person is conscious about like intentions etc. It is must that the person is aware of such mental fact otherwise it won't be relevant.
- FACT IN ISSUE
Fact in issue are those facts that when it is proved or disproved then it provides existence or non-existence, rights and liabilities, extent of rights and liabilities and disability or non-disability of such facts.
Illustration: A killed B because B fraudulently took over the property of A.
Here, whether A killed B and because of only the act of which he fraudulently took over the property of A, is fact in issue.
But further in the explanation of clause it provides that for the purpose of CPC there is nothing like fact in issue and in fact CPC talks about Issue of Fact ( that is same as fact in issue in criminal case) but to draw a link between these two this explanation states that whatever questions asserted or answer denied by either of the parties are fact in issue.
For instance: A claims that he purchased a property from B and for which they agreed for such A will pay lesser amount than market rate.
Here if any dispute arises then the thing that whether such agreement was made or if made then whether both the parties agreed to such terms or not is fact in issue.
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- RELEVANT FACTS
This are those facts which are connected with the other facts through some relevancy.
For instance: I saw a person carrying out some jewellery in his hands and running out of a house at night.
Here a person running out with jewellery from a house, he connection of running out of the house and with jewellery infers that stealing may have happened ant it was inferred through such relevant connection.
There are two types of relevancies: 1: Logical Relevancy, and 2: Legal Relevancy
Logical Relevancy are those which are connected with some logical aspect and Legal Relevancy are those which are specified from section 6 to 55 under evidence act. It is said that all legal relevant facts are logically relevant too, but all logical relevant facts are not necessarily legally relevant also. This is because the legal relevant fact are provided in act itself and whichever logical relevant fact fits in such provision (section 6 to 55) are legal too.
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