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Law of Evidence: Meaning of Fact and Relevant Facts, Essays (university) of English Language

The concept of fact in the context of the law of evidence. It explains that a fact can be anything capable of being perceived by the senses or a mental condition of which a person is conscious. Illustrations and relevant facts are provided to clarify the concept. The document also covers the relevancy of facts and the distinction between admissible and connected relevance. Relevant facts are those that are connected with other facts in a way referred to in the provisions of the act relating to the relevancy of facts.

Typology: Essays (university)

2015/2016

Uploaded on 12/09/2016

siddharth.mewara
siddharth.mewara 🇮🇳

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LAW OF EVIDENCE
MEANING OF FACT:
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 concious of.
ILLUSTRATIONS:
certain objects arranged in certain order in certain place is a fact.
that a man heard or saw something , is a fact.
that a man said certain words, is a fact.
that a man holds a certain opinion, has a certain invention, acts in good faith
or fraudulently or uses a particular word in particular sense, or is or was at a
specified time conscious of a particular sensation, is a fact.
that a man has a certain reputation, is a fact.
misrepresentation of intention is misrepresentation of facts
RELEVENT FACT:
One fact is said to be relevant to another when the one is connected with
other in any of the way referred to in the provisions of the act relating to the
relevancy of facts.
Evidence should be alike, directed and confined to the matters which are in
dispute, or forming the subject to investigation
The word 'relevant' is used in the act in two distinct meanings:
1. as admissible
2. as connected
Evidence may be rejected in two cases:
1. The connection between the principle and evidentiary fact is too
remote and conjectural.
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LAW OF EVIDENCE

MEANING OF FACT:

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 concious of.

ILLUSTRATIONS:

  • certain objects arranged in certain order in certain place is a fact.
  • that a man heard or saw something , is a fact.
  • that a man said certain words, is a fact.
  • that a man holds a certain opinion, has a certain invention, acts in good faith or fraudulently or uses a particular word in particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
  • that a man has a certain reputation, is a fact. ▲ (^) misrepresentation of intention is misrepresentation of facts

RELEVENT FACT:

  • One fact is said to be relevant to another when the one is connected with other in any of the way referred to in the provisions of the act relating to the relevancy of facts.
  • Evidence should be alike, directed and confined to the matters which are in dispute, or forming the subject to investigation
  • The word 'relevant' is used in the act in two distinct meanings:
    1. as admissible
    2. as connected
  • Evidence may be rejected in two cases:
    1. (^) The connection between the principle and evidentiary fact is too remote and conjectural.
  1. That it is excluded by the state if the pleadings, on what is analogous to the pleadings, or is rendered superfluous by the admission of the party against when it is offered.
  • Drawing of inference of "particular criminals"-

factors relevant-

In case of bride burning the mother-in-law and the husband were accused of murdering the deceased wife in the matrimonial home and the possibility of presence of the accused- husband at the time of occurrence was not ruled out as no one else was present in the house.

  • the word " Particepis Criminis " means that even if the accused person is not involved in the crime seeing the present condition or evidence but he would be convicted for the same.
  • Proof of Drunkenness: Blood or urine test is not necessary smelling of alcohol, unsteady foot, Dilation of pupils (Delay), incoherent of speech (Inconsistent speech) are also relevant considerations.

♦ CASE (II)-- Dalveer Singh V. State of Punjab

Fact in issue The expression "facts in issue" means and includes any fact from which, eother by itself or in connection with other facts, the existence, non existence, mature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.

Explanation: Whenever under the provisions of law for the time being in force relating to civil procedure, any court record 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.

According to salmond : If any fact or sentence have power to prove that fact or sentence is termed as 'evidence'.

Kinds of evidence :

  1. Direct Evidence
  2. Circumstantial Evidence
  3. Primary Evidence
  4. Secondary Evidence
  5. Real Evidence
  6. (^) Hearsay Evidence
  7. Oral Evidence
  8. Documentary Evidence
  9. Judicial Evidence
  10. Extra Judicial Evidence