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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Facts in Issue [Section 2(1)(g)]
Introduction
Section 2(1)(g) of the Bharatiya Sakshya Adhiniyam defines the term “facts in issue.” Facts in issue are the central disputed facts in a judicial proceeding. Every civil or criminal case revolves around certain principal questions that the Court must determine in order to decide the rights, liabilities, or disabilities of the parties. These principal disputed matters are known as facts in issue.
The concept is extremely important because evidence is mainly led to establish or disprove these facts.
Meaning of Facts in Issue
Section 2(1)(g) states that facts in issue mean and include 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.
Thus, a fact becomes a fact in issue when it directly affects the determination of a legal right or liability and is disputed between the parties.
The Explanation attached to the section further provides that whenever a Court records an issue of fact under the law relating to civil procedure, the fact asserted or denied in answer to such issue becomes a fact in issue.
Nature of Facts in Issue
Facts in issue are also known as principal facts because they form the foundation of the case. These are the facts upon which the final judgment of the Court depends.
They are determined:
Essentials of Facts in Issue
For a matter to become a fact in issue, two essential conditions must be satisfied:
1. There Must Be a Fact
There must exist a fact capable of being proved or disproved before the Court. Such fact may relate to physical acts, intentions, mental conditions, legal rights, or liabilities.
2. The Fact Must Be Disputed
The fact must be asserted by one party and denied or not admitted by the other. Unless there is a dispute regarding the fact, it cannot become a fact in issue.
Therefore, disputed material facts alone become facts in issue.
Facts in Issue in Criminal Cases
In criminal proceedings, the prosecution and defence dispute certain essential facts which determine criminal liability. These disputed matters become facts in issue.
Example
If A is accused of murdering B, the following may become facts in issue:
Facts in Issue in Civil Cases
In civil cases, facts in issue arise from pleadings filed by the parties. When one party affirms a material fact and the other denies it, the Court frames an issue regarding that matter.
For example, in a suit for recovery of money, whether the defendant borrowed money from the plaintiff may become a fact in issue if denied by the defendant.
Importance of Facts in Issue
Facts in issue determine the scope of judicial inquiry and evidence. The Court primarily examines evidence relating to these facts and the relevant facts connected with them.
They help in identifying the real controversy between the parties and ensure that the trial remains confined to material disputed questions.
Without determining the facts in issue, the Court cannot properly decide the rights and liabilities involved in the case.
Conclusion
Facts in issue under Section 2(1)(g) are the principal disputed facts upon which the rights, liabilities, or disabilities of the parties depend. They arise when a material fact is asserted by one party and denied by the other. In criminal cases they are reflected in the charge, while in civil cases they emerge through the framing of issues. Thus, facts in issue form the very foundation of judicial determination under the Bharatiya Sakshya Adhiniyam.
Introduction
Section 2(1)(g) of the Bharatiya Sakshya Adhiniyam defines the term “facts in issue.” Facts in issue are the central disputed facts in a judicial proceeding. Every civil or criminal case revolves around certain principal questions that the Court must determine in order to decide the rights, liabilities, or disabilities of the parties. These principal disputed matters are known as facts in issue.
The concept is extremely important because evidence is mainly led to establish or disprove these facts.
Meaning of Facts in Issue
Section 2(1)(g) states that facts in issue mean and include 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.
Thus, a fact becomes a fact in issue when it directly affects the determination of a legal right or liability and is disputed between the parties.
The Explanation attached to the section further provides that whenever a Court records an issue of fact under the law relating to civil procedure, the fact asserted or denied in answer to such issue becomes a fact in issue.
Nature of Facts in Issue
Facts in issue are also known as principal facts because they form the foundation of the case. These are the facts upon which the final judgment of the Court depends.
They are determined:
- by substantive law, which defines rights and liabilities; and
- by pleadings and procedural law, which identify the disputed questions between the parties.
Essentials of Facts in Issue
For a matter to become a fact in issue, two essential conditions must be satisfied:
1. There Must Be a Fact
There must exist a fact capable of being proved or disproved before the Court. Such fact may relate to physical acts, intentions, mental conditions, legal rights, or liabilities.
2. The Fact Must Be Disputed
The fact must be asserted by one party and denied or not admitted by the other. Unless there is a dispute regarding the fact, it cannot become a fact in issue.
Therefore, disputed material facts alone become facts in issue.
Facts in Issue in Criminal Cases
In criminal proceedings, the prosecution and defence dispute certain essential facts which determine criminal liability. These disputed matters become facts in issue.
Example
If A is accused of murdering B, the following may become facts in issue:
- Whether A caused the death of B.
- Whether A intended to cause the death of B.
- Whether A received grave and sudden provocation from B.
- Whether A was incapable of understanding the nature of his act due to unsoundness of mind.
Facts in Issue in Civil Cases
In civil cases, facts in issue arise from pleadings filed by the parties. When one party affirms a material fact and the other denies it, the Court frames an issue regarding that matter.
For example, in a suit for recovery of money, whether the defendant borrowed money from the plaintiff may become a fact in issue if denied by the defendant.
Importance of Facts in Issue
Facts in issue determine the scope of judicial inquiry and evidence. The Court primarily examines evidence relating to these facts and the relevant facts connected with them.
They help in identifying the real controversy between the parties and ensure that the trial remains confined to material disputed questions.
Without determining the facts in issue, the Court cannot properly decide the rights and liabilities involved in the case.
Conclusion
Facts in issue under Section 2(1)(g) are the principal disputed facts upon which the rights, liabilities, or disabilities of the parties depend. They arise when a material fact is asserted by one party and denied by the other. In criminal cases they are reflected in the charge, while in civil cases they emerge through the framing of issues. Thus, facts in issue form the very foundation of judicial determination under the Bharatiya Sakshya Adhiniyam.
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