Bharatiya Sakshya Adhiniyam, 2023
Fundamental Concepts in Evidence Law
Topic: Fact • Fact in Issue • Relevant Fact • Relevancy • Admissibility • Probative Value
Introduction
The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is built upon fundamental principles
governing the relevancy of facts.
The law of evidence operates on the premise that only those facts which are relevant
to the matter in issue should be brought before the court.
Understanding the concepts of “fact”, “fact in issue”, and “relevant fact” is essential to
appreciate how the rules of relevancy are applied in legal proceedings.
Definition of Fact
Section 2(f) of BSA (corresponding to Section 3 of the Indian Evidence Act, 1872)
“Fact” means and includes—
(i) Any thing, state of things, or relation of things, capable of being perceived by the senses
(ii) Any mental condition of which any person is conscious
The definition encompasses both physical and mental phenomena
Understanding the Two Clauses
Clause (i): Physical Facts Clause (ii): Mental Facts
Refers to things capable of being perceived by Refers to mental conditions — such as intention,
the senses — sight, hearing, smell, taste, and belief, malice, knowledge, or good faith.
touch.
These are internal facts, known only to the
Covers the state and relation of things person experiencing them.
Examples: Proven by inference
• Objects arranged in a certain order from:
• A person heard or saw something • Conduct
• A person said certain words • Speech
• Surrounding circumstances
Illustrations of Fact
1 That there are certain objects arranged in a certain order in a certain place
2 That a person heard or saw something
3 That a person said certain words
That a person holds a certain opinion, has a certain intention, acts in good faith, or fraudulently,
4 or uses a particular word in a particular sense, or is conscious of a particular sensation at a
specified time
Classification of Facts
Understanding Different Types of Facts
Physical and Psychological Facts
Physical / External Facts Psychological / Internal Facts
Those that can be perceived directly through Exist within a person’s mind — intention,
the senses motive, belief
Examples: Cannot be directly perceived
• A weapon found at crime scene Inferred from conduct or statements
• A person’s presence at a location
• Objects, sounds, or actions Example:
If A has hatred toward B, this becomes a fact only
when demonstrated through conduct
Positive and Negative Facts
Positive Fact Negative Fact
Refers to the existence or occurrence of Refers to the non-existence or non-occurrence
something. of something.
Generally easier to prove Harder to establish
— existence can be directly demonstrated — requires circumstantial evidence or
presumptions
Example:
“A was present in Delhi on 1st January” Example:
“A was not present in Delhi on 1st January”
Positive facts demonstrate existence; Negative facts prove non-occurrence
through inference
Primary and Secondary Facts
Primary Facts
Those that directly relate to the event in question
— the foundation facts upon which other inferences are based.
Secondary Facts
Inferences or conclusions drawn from primary facts.
Derived from or inferred through preceding facts.
Illustrative Chain of Inference:
“The husband put arsenic in his wife’s coffee” (primary)
↓
“The husband caused his wife’s death” (secondary)
↓
“The husband murdered his wife” (ultimate conclusion)
Facts in Issue
(Factum Probandum)
The Ultimate Facts to be Proved or Disproved
Definition: Facts in Issue
Section 2(g) of BSA (corresponding to Section 3 of the Indian Evidence Act, 1872)
“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.
Facts in issue lie at the heart of the dispute
between the parties and must be proved or disproved to determine the outcome.
Facts in Issue: Criminal Case Example
A is accused of the murder of B
1 That A caused B's death Establishes liability for murder
2 That A intended to cause B's death Establishes mens rea (guilty mind)
That A received grave and sudden provocation Reduces liability to culpable homicide not amounting
3 to murder
from B
Liability ceases — lacked capacity to understand the
4 That A was of unsound mind at the time
act
Facts in Issue: Civil Case Example
A files a suit against B on a promissory note for ₹1 lakh
1 Did B execute the promissory note?
2 Did A advance the money as a loan?
3 Did B repay the amount?
4 If not, what amount remains due?
Each fact establishes or disproves the existence, non-existence, or extent of liability
Issues of Fact in Legal Proceedings
In Civil Proceedings In Criminal Proceedings
Under Order XIV, Rule 1 of CPC: Under BNSS/CrPC:
Issues arise when a material proposition is Issues reflected in charges framed by the court
affirmed by one party and denied by the other
Each charge must clearly state:
Court frames issues • The offence
based on material averments • Section of law violated
Purpose: Each charge represents a fact in issue
Identify questions to be decided, enabling parties to
lead evidence
Bachhaj Nahar v. Nilima Mandal, AIR 2009 SC 1103
Relevant Facts
(Facta Probantia)
Facts That Prove or Disprove Facts in Issue
Understanding Relevant Facts
While facts in issue are the ultimate facts parties must establish,
Relevant facts are those which, though not themselves facts in issue, help to prove or disprove
the facts in issue.
The BSA permits evidence of such facts because they possess probative value
Relevancy is a filter:
It determines what evidence may be placed before the court
Relevancy is the tendency to make a fact probable
Nandini Satpathy v. P.L. Dani & Anr., AIR 1978 SC 1025
Relevancy and Admissibility
Two Foundational Concepts with Distinct Meanings
Relevancy Admissibility
The logical connection The legal permission granted by the court to allow
between a fact and the fact in issue. a relevant fact to be proved.
Test: Even if logically relevant, a fact may be excluded by
Does it have a tendency to make the existence or law
non-existence of another fact more probable or less
probable? Examples of inadmissible evidence:
• Confessions to police officers
Based on logic and common sense • Privileged communications
Judicial Interpretations
Ram Bihari Yadav v. State of Bihar, AIR 1998 SC 1850
“Although the two expressions are often used as synonyms, their legal implications are different.”
• Facts which are relevant may not always be admissible
• Facts which are admissible may not always be relevant
Example: Questions in cross-examination to test credibility are admissible, though may not be relevant to facts in issue
Musheer Khan @ Badshah Khan v. State of Madhya Pradesh, AIR 2010 SC 762
“Under the Indian Evidence Act, the term ‘admissibility’ is rarely used, as the Act primarily focuses on ‘relevant
facts’.”
Within the framework of the Act, relevancy and admissibility are virtually equated
Once a fact satisfies the test of relevancy under Sections 5-55 (now Sections 4-50 of BSA), it becomes admissible unless
specifically excluded
Probative Value
Probative Value refers to the degree of weight or credibility
that should be attached to evidence once it is both relevant and admissible.
Factors Determining Probative Value:
Reliability How trustworthy is the evidence?
Manner of Obtaining Was it obtained through proper legal means?
Consistency Does it align with other evidence on record?
Relevancy and admissibility govern the entry of evidence
Probative value determines its ultimate influence on the court’s decision
Key Concepts: Summary
Fact Anything perceived by senses or mental condition of which one is conscious
Fact in Issue Ultimate fact from which right, liability, or disability necessarily follows
Relevant Fact Facts that help prove or disprove facts in issue — possess probative value
Relevancy Logical connection making a fact more or less probable
Admissibility Legal permission to allow relevant fact to be proved in court
Probative Value Degree of weight or credibility attached to admissible evidence
Bharatiya Sakshya Adhiniyam, 2023
Understanding these fundamental concepts is essential
to appreciating how the rules of evidence
are applied in judicial proceedings