National Law University Odisha ,

Cuttack

LAW OF EVIDENCE

Rashmi Baug
Indian Evidence Act,1872

INTRODUCTION
Fact
Relevant Fact
Fact in Issue
Sec 5 of Indian Evidence Act
Sec6 of Indian Evidence Act
What is meant by Evidence?

• Evidence means and includes-

1) all statements which the court permits or requires to be made
before it by witnesses, in relation to matters of fact under inquiry;
2) all documents including electronic records produced for the
inspection of the court
such documents are called documentary evidence.
What is meant by Evidence?
• Is it necessary that all the submissions made before the court be
termed as Evidence?
In simple words we can say evidence means information received in
form of oral, documentary or real by the court in a particular case
about disputed & unknown facts as per the provisions of Evidence Act
in order to prove or disprove some fact in dispute.
The words used under sec3 – Evidence means and includes- open for
interpretation i.e.- what ever mentioned in sec 3 is not exhaustive and
can have subjective interpretation.
Evidence= Oral Evidence + Documentary Evidence + Material Object
 FACT-means and includes-
1) any thing, state of things, or relation of things, capable of being
perceived by the senses;
2)any mental condition of which any person is conscious.

Illustrations

(a) That there are certain objects arranged in a certain order in a certain place, is a fact.

(b) That a man heard or saw something, is a fact.

(c) That a man said certain words, is a fact.

(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular
word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.

(e) That a man has a certain reputation, is a fact.

• Physical Fact- Physical fact mean and include anything , state of things
or relation of things capable of being perceived by senses. Hence , all
facts which are subject of perception by bodily senses are physical
facts.
• Psychological facts- Psychological facts mean and include anything of
which a person is conscious. Psychological facts are not subject to
perception by bodily senses but they are subject of consciousness.
The intention or animus of a particular individual in doing a particular
act is the psychological fact. (The existence of such fact can be
ascertained either by confession of the party or presumptive
inferences from the surrounding physical fact.
Relevant Fact-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.
• The 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 facts in any of the
ways referred to in this act i.e from Sec 5 to Sec55 of the Act.
• A fact in order to be relevant fact must be connected with the fact in issue or with
any other relevant fact in any of the ways referred to in from sec 5 to sec 55.
• The word relevant means that any two facts t which it is applied are so related to
each other that according to common course of events one either taken by itself
or in connection with other facts , proves or renders probable the past , present
or future existence or non existence of the other.
• A fact not so connected is not a relevant fact
There are two kinds of relevancy
1.Logical Relevancy
2Legal Relevancy
• When a fact is connected with another fact it is logically relevant but
it is legally relevant if the law declares it to be relevant. If it is not
declared by the law to be relevant ,it is not admissible in evidence.
• Every fact that is legally relevant is also logically relevant but every
logically relevant fact may not be necessarily legally relevant.
• Example- Logically relevant but not legally relevant is Privilege
communication, communication between husband and wife .
Fact in issue – 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 is a fact in issue.
• ------------Right ------------
Existence------Liability-----Nature -----Asserted
Non Existence ---Disability---Extend-----Denied
Fact in Issue-
-Ascertaining the fact in issue in any legal proceeding is the most
crucial aspect of the entire judicial process.
- Fact in issue means facts which are in issue and form the
subject matter of the court’s decision.
-Facts 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.

• Facts in issue –Criminal Case- framed according to Charge

• Fact in issue – Civil Case– according to pleading, (plaint and written
statement) under order 14.
Sec 5 –What facts may be proved before a court?
1.Fact in Issue 2. Relevant Fact
• Section 5-Evidence may be given of facts in issue or relevant fact.
• Section 5 limits the number of evidence to be given ensuring that the
time of the court is not wasted in hearing evidence which will have no
bearing on the decision of the case.
• Section 5—Evidence to be given (Oral or Documentary)---
Suit/Proceeding---Existence/Non Existence – Fact in Issue –Releavnt
fact---- and of no others.
Relevancy and Admissibility

• A fact may be highly relevant but inadmissible.

• A fact may not be relevant but admissible under the evidence act.

Relation of admissibility and relevancy

Ram Bihari Yadav vs State of Bihar
AIR 1998 SC 1850
 Explanation-This section shall not enable any person to give evidence
of a fact which he is disentitled to prove by any provisions of the law
for the time being in force relating to Civil Procedure Code.

• ( this means if in cpc it is clearly mentioned that you cannot give evidence on certain points or
after a particular stage. )
E.g.– Illustration b
• Relevancy -Relevancy is based on logic and probability.
• Admissibility is not based on logic but on strict rule of law.
• Relevancy- The rule of relevancy is under sec 5-55.
• Admissibility- Rule of Admissibility is from 56 onwards.
• Relevancy – The rule declares what is relevant
• Admissibility- Rule of admissibility declares whether certain types of
relevant fact are admissible or are to be excluded.
• Relevancy- Facts which are relevant are not necessarily admissible.
• Admissibility- Facts which are admissible are necessarily relevant.
Facts which are relevant (sec5 t 55)

• 1. Sec6-16 deals with Relevancy of facts connected with the facts in

issue.
• 2. Sec 17-31 deals with relevancy of admission and confession.
• 3. Sec32-33 deals with relevancy of statements made by persons who
cannot be called as witnesses.
• 4. Sec34-39 deals with relevancy of statements made under special
circumstances.
• 5. Sec40-44 deals with relevancy of judgment
• 6. Sec45-51 deals with relevancy of opinions of witnesses/experts
• 7. Sec52-55 deals with relevancy of character in civil and criminal
proceedings.
 Section 6-Relevancy of facts forming part of
same transaction.
• Facts which though not in issue are so connected with a fact in
issue as to form part of the same transaction, are relevant,
whether they occurred at the same time and place or at
different times and places.

• ( Every fact is a part of other facts . There is no fact which is

unconnected with others.)
• Section 6,7,8 and 9 give the various ways in which the facts are so
related to each other to form component of the principal facts.
• Even Hearsay evidence are admissible under this section if they form
part of the same transaction.
Transaction- Transaction is a group of facts so
connected together as to be referred to by a
single name as a crime , a contract , a wrong or
any subject of inquiry which may be in issue.
• Transaction = Soon before , during transaction, after transaction
• Res Gestae – means forming part of the same transaction.
• Res Gestae means a transaction or things done . It means things done
including words spoken , forming part of the same transaction . Such
things or facts though are not in issue but are so connected with the
fact in issue that they are capable of throwing some light upon the
nature of the transaction of which it forms a part along with the fact
in issue.
• Physical acts forming part of the same transaction.
• Statements as forming part of the same transaction.

• The time-Section 6 of the evidence act is an exception to the general

rule where under the hearsay evidence is admissible for bringing
hearsay evidence under sec6 , it has to be established that it must be
almost contemporaneous with the acts and there should not be an
interval for fabrication.
In order to make statements admissible under Sec6-Forming
part of the same transaction-
Following conditions must be fulfilled-
• 1. The statements must be spontaneous or continuous in the
transaction in issue giving no time and opportunity for facrication.
• 2. It should not be narration of the past.
• 3. The statement must be a statement of fact and should not be of
opinion.
Exception to Hearsay Evidence
• (Exception to hearsay---- forming part of the same transaction)
As per sec 60 Direct evidence is always admissible, indirect evidence is
not admissible. But there are exceptions –(if it is relevant under sec5to
55)
E.g. Hearsay Evidence when it is relevant fact (when it forms part of the
same transaction) then accepted as evidence under sec6.
Hearsay Evidence here to be spontaneous , continuous , no narration of
the past.
E.g. Bystanders-1. persons who were present at the time of incident
2. pesons who gathered on the spot.
 Example 1-
• A is accused of the murder of B by beating him, whatever was said or done by A or by
B or by bystanders at the beating or so shortly before or after or during it as to form
part of the same transaction is relevant. When two persons are fighting it is natural
that they would using certan words like I will kill you.. I will not spare you.. And the
other may be shouting –Help me help me. Please save me.. Oh please don’t beat me
etc. .and some bystanders who appear on the scene may also make certain remarks
like don’t beat him he will die., call the police A has beaten B to death etc.
• In fact these utterance or remarks made by A , B or by Bystanders are not in issue ,
but they are so connected with the fact in issue as to form part of the same
transaction of beating and becomes provable under section 6.
• Any statements made by the witnesses immediately before,after or during the
occurance forming part of the same transaction are admissible.
Khaja Hussain v. Inspector of Police ,Coimbator,2006 Cr.LJ 3975
• Statements by an injured person to those who come immediately to the
place ,regarding the incident are admissible in evidence.
• Rijo v. Sate of Kerala, 2010 Cr.LJ 1315(ker)
 cases
1. Rattan vs. Queen
2. R vs. Bedingfied 1695 6 skin 402
3. R vs. Christie (1914) AC 545
Difference between Sec6 and Res Gestae
• Though the principle behind sec 6 and English doctrine Res gestae is
same , there is little difference between these two.
• The difference is as to the time and place of occurrence of the fact
forming part of the same transaction.
• ( same time same place or different time and different place of
occurrence.)
• To make a fact relevant u/s6 it is immaterial whether such fact
occurred at same time and place or at different time and different
place of the fact in issue. Whereas the doctrine of Res Gestae is not
attracted unless the fact occurred at the same time and place of the
fact in Issue.
FIR when Res Gestae
• If a witness is present at the crime scene of occcurance sees the
whole occurance fro beginning to end, makes cry about the offence
being committed when people from vicinity reach he tells the story of
occurance by crying and then goes to the police station and makes
the first information report. The making of the report is part of the
same transaction and so it amounts to Res Gestae. The fact that some
time had elapsed between the occurance and reporting is immaterial.
• 1. Shyam Nandan Singh vs. State of Bihar 1991 CRLJ 3350
• 2. Sawal Das vs. State of Bihar AIR 1974 S.C 778
• 3. Bandela Nagaraju vs. State of AP CRLJ 674