Indian Evidence Act-1

Indian evidence Act

Secn.3

Fact in Issue

it is a fact which directly or indirectly in connection with other facts,——Determines

### the existence,

###the non existence

####nature

##### extent of any right or liability that is asserted or denied in any suit or proceeding

 

In other words—–

Facts in contention in a case are Facts in issue

in other words—these are the facts which need to be proved

 

aka factum probandum

 

So .there are two important attributes to factum probandum–

—this fact must be in dispute b/w. the parties

—-this fact must touch the question of right or liability of the parties

n criminal law—-fact in issue is mentioned in the charge sheet while in civil law it is a part of the substantive law

 

Shoot comments to-advosidharthaurora@gmail.com

Evidence

Advertisements