​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Fact [Section 2(1)(f)]

Introduction
​Section 2(1)(f) of the Bharatiya Sakshya Adhiniyam defines the term “fact.” The concept of fact is fundamental to the law of evidence because judicial proceedings are concerned with proving or disproving facts. Every right, liability, offence, or defence depends upon the existence or non-existence of certain facts.
The section broadly classifies facts into physical facts and psychological facts.

Meaning of Fact
Section 2(1)(f) states that a fact means and includes:

1. anything, state of things, or relation of things capable of being perceived by the senses; and
2. any mental condition of which a person is conscious.

Thus, the term “fact” includes both external events perceptible through the senses and internal mental conditions existing in the mind of a person.

Illustrations of Facts
The section provides several illustrations explaining the meaning of fact:

1. The existence of objects arranged in a certain order at a particular place is a fact.
2. A person hearing or seeing something is a fact.
3. A person speaking certain words is a fact.
4. A person holding a particular opinion, intention, acting fraudulently or in good faith, or being conscious of a particular sensation is also a fact.

These illustrations show that facts may be physical or mental in nature.

Classification of Facts
Bentham classified facts into two categories:

1. Physical or external facts; and
2. Psychological or internal facts.

Section 2(1)(f) adopts the same classification.

Physical Facts or External Facts
Clause (i) of Section 2(1)(f) refers to physical or external facts. These are facts capable of being perceived through the five human senses:

1. Sight
2. Hearing
3. Taste
4. Smell
5. Touch

Such facts are directly observable and can generally be proved through direct evidence given by witnesses who personally perceived them.

Physical facts may also be established through circumstantial evidence if surrounding circumstances make their existence probable.

Examples of Physical Facts

1. Objects placed in a particular arrangement at a place.
2. A person hearing a sound.
3. A person seeing an event occur.
4. A person speaking certain words.

These are all external facts capable of sensory perception.

Psychological Facts or Internal Facts
Clause (ii) refers to psychological or internal facts. These are mental conditions existing in the mind of a person, such as:

1. Intention
2. Motive
3. Knowledge
4. Good faith
5. Fraudulent intention
6. Consciousness

Unlike physical facts, psychological facts are not directly visible or perceptible through the senses. Therefore, they are usually proved indirectly through surrounding circumstances and conduct.
Direct evidence regarding mental facts is generally available only when a person himself admits or confesses such mental condition.

Example of Physical and Psychological Facts
Suppose A fires a gun at B.
The act of firing the gun is a physical fact because it can be seen by witnesses and proved by direct evidence.
However, A’s intention behind firing the gun is a psychological fact. Whether A intended to kill B cannot usually be proved directly except through A’s own statement or confession. Therefore, intention is generally inferred from circumstances such as the nature of the weapon, the part of the body targeted, or the manner of attack.

Importance of Facts under the BSA
The entire structure of the law of evidence revolves around facts. Courts determine rights and liabilities by examining facts in issue and relevant facts. Both physical and psychological facts play a crucial role in judicial proceedings.
Physical facts establish external events, whereas psychological facts help determine intention, motive, knowledge, negligence, fraud, and other mental elements essential in civil and criminal cases.

Conclusion
Section 2(1)(f) gives a comprehensive definition of the term “fact” by including both physical and psychological facts. Physical facts are capable of sensory perception and are generally proved by direct evidence, while psychological facts relate to mental conditions and are usually established through circumstantial evidence. Thus, the concept of fact forms the very foundation of the Bharatiya Sakshya Adhiniyam and the entire law of evidence.