"Fact-in-Issue" and Relevant fact, and state the

difference between both of them.

"Fact-in-issue"-Section 3 of the Act defines

"fact-in-issue" as follows—The expression
"fact-in-issue" means and includes-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.

Explanation.—Whenever, under the provisions of the

law for the time being in force relating to civil
procedure, any court records an issue of fact, the fact
to be asserted or denied in the answer to such issue is
a "fact-in-issue"
The court has to draw an inference for delivering
justice. Thus the facts which are not disputed require
no consideration or evidence. But the facts which are
not accepted by the parties are to be settled through
evidence.

These disputed facts form the "fact-in-issue"

The "fact-in-issue" may be themselves or in connection
with other facts constitute such state of things that the
existence of the disputed right or liability would be a
legal inference from them. The expression means the
matter which are in dispute or which form the subject of
investigation.

"Fact in Issue" are those facts which are alleged by one

party and denied by the other in the pleading in a civil
case or alleged by the prosecution and denied by the
accused in a criminal case.
Two things are relevant for determining whether a fact
is in issue or not.
(i) The fact should be in dispute between the parties.
(i) The fact should touch the question of right or liability.

What facts are in issue in a particular case is a

question to be determined by the Substantive Law or in
some cases by that branch of the procedure which
regulates the Law of Pleadings, Civil or Criminal.
The existence of facts-in-issue has to be proved before
the court to its satisfaction, before a court pronounces
its judgment on the basis of those facts. In Civil cases,
courts frame the issues on "fact-in-issue" whereas in
criminal cases, it frames the charge on disputed issues.

Illustration
A is accused of the murder of B. At the trial the
following fact may be in issue, viz
(i) that A caused B's death;
(ii) that A intended to cause B's death;
(iii) that A had received grave and sudden provocation
from B;
(iv) that A at the time of doing the act which caused B's
death, was by reason of unsoundness of mind,
incapable of knowing its nature.

Criminal cases.-As regards criminal cases, the charge

constitutes and includes the "fact-in-issue"

Civil cases.— As regards civil cases, "facts-in-issue"

are determined by the process of framing issues.
(Order XIV, Rules 1-7 Civil Procedure Code.)

The Act defines the term 'Fact' and 'Relevant'

separately. Section 3 defines Fact as follows :
Fact means and includes—(a) Physical &
Psychological facts, (b)
Positive & negative facts.
(a) (i) anything, state of things, or relation of things,
capable of being perceived by the senses (Physical
fact);
(ii) any mental condition of which any person is
conscious (Psychological facts);
Thus fact is what is actually seen or heard & which is
not the opinion.
positively.
(b) i) positive fact is that by which the existence of facts
is firmed
(ii) Negative fact is a fact through which non-existence
of a fact is asserted. In other words, existence of facts
are denied.
Certain examples of 'facts' are given in this definition—
(a) that a man heard or saw something, is a fact,
(b) that a man said certain words, is a fact,
(c) that a man has a certain reputation, is a fact, etc.
Relevant facts.—Section 3 defines the word 'relevant'
fact as follows : "One fact is said to be relevant to
another when the one is connected with the other in
any of the ways referred to in the provisions of this Act
relating to the relevancy of facts." (Chapter II, Section
5-55). The word 'relevant means that any to facts to
which it is applied are so related to each other that
according to the common course of events, one, either
taken by itself or in connection with other facts, proves
or renders probable the pass, present or existence or
non-existence of the other.
'In short, relevant facts are facts so connected with
each other as to prove or disprove the facts in issue.
Relevant facts are not themselves issue, but are
foundations of
inferences regarding them.'

The word relevant has not been defined in the Act. The
word relevant in one sense means 'connected.'
According to Stephen 'relevancy' means connection of
events as cause and effect. What is really meant by
relevant fact is a fact that has a certain degree of
probative force. This Act does not give any definition of
the word 'relevant'. It only lays down that a fact
becomes relevant only when it is connected with other
fact in any of the ways referred to in this Act relating to
the relevancy of facts. A fact in order to be relevant fact
must be connected with the "facts-in-issue" or with any
other relevant fact in any of the ways referred to in
Section 5 to 55. A fact not so connected is not relevant
fact. The scheme of the Act seems to be to make all
relevant facts admissible.

The General rule.-Of all rule of evidence, the most

universal and the most obvious is that the evidence
adduced should be alike, direct and confined to the
matters which are in dispute, or which form the subject
of investigation. The theoretical property of this rule can
never be a matter of doubt whatever difficulties may
arise in its application. Evidence may be rejected as
irrelevant for the following one or two reasons :
(1) That the connection between the principal and
evidentiary facts is too remote and conjectural,
(2) That it is excluded by the state of the pleadings, or
which is analogous to the pleadings; or is rendered
superfluous by the admissions of the party against
whom it is offered.
One has to keep in mind the distinction between
relevancy and admissibility. All relevant facts may not
be admissible and also admissible facts need not
always be relevant.