Fact which need to be proved under Indian Evidence Act

As per the general rule of law, establishment of ‘Cause’ before the court is made by the
parties by filing the suit, on the basis of oral or documentary evidence which also includes
electronic evidences. Further, ‘Cause’ is based on the ‘Facts’ as rights and liabilities in a
judicial proceedings emerge out of fact and that’s leads to ‘Facts in issue’ which in need to
be proved by the party on whom the ‘Burden of Proof’ lies.

Facts under Evidence Act

Section 3 of the Act, 1872 defines facts which means and include1-

1. Anything, state of things, or relation of things, capable of being perceived by the senses;
2. Any mental condition of which any person is conscious.

Facts can be categorised into-

1. Physical facts – Anything in any state or relation which can be perceived by the five
senses or is in external nature in respect of any person will be included in physical facts.
2. Psychological facts – Those facts, which shows the mental condition or mens rea of any
person, for instance knowledge regarding the act, good faith, fraud, intention etc.

“Events which are likely to be occur in future but till time, has neither occurred in present nor
in past cannot be considered as ‘Fact’ under Indian Evidence Act,1872”2

Facts in Issue

The proceeding, civil or criminal in nature, is always a dispute which is resolved by the court.
A fact in issue is a part of fact need to be proved by disagreeing on it or either expected to
proof it by one party. It is a central contention upon which dispute is centred; basically it’s a
crux of the argument. Therefore it effect fundamentally to any dispute.

Two factors which are determined by the fact in issue are-

1. Substantive laws
2. Primary court proceedings (pleading in civil cases and charges in criminal cases)

Doctrine of Res Gestae

1
Indian Evidence Act, 1872, Act no. 1 of 1872, (India)
2
Mayank Shekhar, Latin maxims and terms associated with the Indian Penal Code, Legal Bites, November 29,
2017, https://www.legalbites.in/latin-maxims-terms-associated-indian-penal-code/

Facts Need to be Proved under Indian Evidence Act Page 1

Facts which are in a same transaction states under section 6 of the Indian Evidence Act, 1872
are known as the doctrine of Res Gestae. Now the question arises, what is a transaction? And
how can we test the transaction.

Translation- for the facts needed to be proved by the evidences, which are directly linked to
the principle subject matter are said to be in the same translation. Two different offences may
also be connected in such a manner that proofing one would necessarily prove the other.

Test for ‘same transaction’3

1. Was the identification relevant?
2. 2. Was it spontaneous?
3. 3. Was there an opportunity for concoction?
4. 4. Was there any real possibility of error?

Burden of proof

According to section 101 of the Act until any exception is created, the party making any clam
regarding the fact in issue or asserting any fact, burden of proof lies on that party. And as per
section 102 of the Act this burden keep on shifting during the suit or proceeding, as that
person who would fail if no evidence al all were given on either side. 4 Therefore, burden lies
on person who wants the court to believe in the facts provided by him.

Conclusion
Hence, in any dispute, facts in issue are considered as cornerstone. These issue determine that
what that court have to resolve, which is need to be proved by the party who has the burden
to prove them.

3
Shrivatsav.n, Doctrine of Res Gestae, Legal service India.com, ISBN No: 978-81-928510-1-3,
http://www.legalservicesindia.com/article/2501/Doctrine-of-Res-Gestae.html
4
Indian Evidence Act, 1872, Act no. 1 of 1872, (India)

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