Consolidation means it’s meant to consolidate the rules of evidence.

However, it
does not mean it contains all the rules of evidence.

The rules mentioned in the Evidence Act apply over and above any other rules of
similar nature.

For those facts not mentioned in the Evidence Act, of course, different laws are
applicable.

If there is any omission in the Evidence Act, that can be supplied by other acts.

Generally, where there is consolidation, similar rules are removed from other
laws. For example, when Prevention of Corruption Act was passed, similar
provisions were removed from the IPC.
Evidence Act applies only in judicial proceedings.

Evidence Act is not applicable to affidavits and proceedings before an arbitrator.

In arbitration, rules of natural justice apply. Evidence Act does not apply because
arbitration won’t remain speedy if it would apply.
It is applicable to court martials except to court martials under certain laws
mentioned in Evidence Act.

Normally, it will be clear whether the enquiry is judicial or not. But in case of
doubt, the Evidence Act itself will clarify whether it is judicial or not.
Mental condition = Anger, hate, jealousy, etc.
First one is a physical fact while the other is psychological.

Only you are aware of your mental condition. However, when you express it, it
becomes a physical fact and then it can be perceived by the other person.

State of things = When you entered the house, what did you see? Suppose door
was open and window was broken. That’s state of things. It could be occurrence
which is quite normal, e.g. – an area prone to accidents. In essence, state of things
means description of combination of many things.

Relation of things = E.g. – birth certificate proves the relationship between the
child and the parents.
Any thing, state of things, relation of things = All these should be perceived by
the senses to be called a fact.

You take away an object without the consent of the person and you do not return
it. Then, it shows that it’s done in bad faith. So, that shows the intention also.
Prosecution has to prove intention also. That’s why mental state is also included
in facts. So, facts can be physical and it can be psychological also.
E.g. – When police came, the accused ran away. Now, there is a logical
connection between them. Now, if the person who won lottery was roaming
around with money and was shouting that he won lottery was robbed. His
shouting is a relevant fact because it gave an opportunity. Opportunity is also a
relevant fact. These facts are logically relevant also. But here, we are talking
about legal relevancy.

These connecting facts provide the circumstantial evidences and help the
prosecution in proving the fact in issue.

If any fact is considered relevant in Sections 6 to 55 of the Evidence Act, then it

is a relevant fact.
Whenever you go to the Court, you will claim something and the defendant will
deny that thing. The Court will decide who is right. That thing is the fact in issue.

When you claim that the defendant owes you money due to a contract and the
defendant denies the existence of contract, then the existence of contract is the
fact in issue.

However, if the defendant accepts the existence of contract but says that he has
paid you, then the existence of contract is not a fact in issue. The fact in issue is
whether the payment has been made or not.
Facts in issue – Did A cause the death of B? Did A have the intention to cause
the death of B?
The ingredients of the case tell us what is the fact in issue.

Fact in issue – Main question on which rights and liabilities depend