Understanding Facts in Issue in Legal Proceedings, Lecture notes of Law of Evidence

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Facts in issue (Section.3) : The expression “facts 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. Illustrations 'A' is accused of the murder of 'B'. At his trial the following facts may be in issue:— That A caused B’s death; That A intended to cause B’s death; That A had received grave and sudden provocation from B; 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. 'Fact in issue' are those facts, which are alleged by one party and denied by other parties in the pleading in a civil case or alleged by the prosecution and denied by the accused in a criminal case. Example - A is accused of murdering B. at trial, the following facts may be in issue. That A caused B's Death. ( It refers to the question, whether A has caused the death of B. If the answer is 'No', A is discharged/ acquitted. If the answer is 'Yes' the following questions will arise) That A is intended to cause B's Death. (If A caused B's death, the next question arises is, whether A had an intention to B's death or, not. If the intention (Mens Rea/Mental element) is present, it is murder or culpable homicide and A is awarded serious punishment i.e. death or life imprisonment. Otherwise (if intention/mens rea is absent) it amounts to an accident, which is a defense Under Section 80

of I.P.C. If the accident is by negligence, the punishment is up to two years imprisonment or fine or both) That A had received grave and sudden provocation from B (It refer to the question, whether B is instrumental/responsible for such a grave and sudden provocation by A, according to cause B's death.) That at the time of committing the act, whether A was incapable of knowing the nature and extent of the consequences (of his act) by reason of unsoundness or other (Even if A caused B's death intentionally, A may plead the defence, on the ground that he was incapable of knowing the nature and extent of consequence of the act he was doing, due to insanity under Section 84 I.P.C., drunkenness under Section 85 and 86 I.P.C etc.) In short the questions, which give rise to a right or liability, are called Fact in Issue. The fact in issue is also known by its Latin name ' Factum Probandum ' or that which is to be proved.