Private: Evidence Law Content
Fact in Issue
The term ‘fact ‘means an existing thing. the object of the sense. Right and liabilities in a judicial proceeding emerge out of facts.
Facts are categorized into
(a) Physical Facts and
(b) Psychological Facts.
It means and includes anything, state of thing or relation of things, capable of being perceived by sense. In other words, all facts, which are subject to perception by bodily sense, are called Physical Facts. They are also known as external facts.
b) Psychological Facts:
They are also known as ‘internal facts’. Those facts, which cannot be perceived by senses, are called Psychological Facts.
Fact in issue:
Generally fact in issue is those facts , which are under consideration of the court and in which the court has to give its adjudication .Fact in issue is those issues , which are claimed by one party and denied by other.
Moonir states about that “Any fact from which either 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”.
Similarly Wilkins and Cross have also observed about fact in issue .As per them fact is issue means “A set of fact from which some legal ,liability ,disabilty which is the subject matter of the enquiry , necessarily arises and upon which decision must be arrived at. Fact in issue are all those fact which the plaintiff in a civil action or the prosecutor in criminal proceeding must prove in order to succeed”.
Certain facts though relevant are not admissible on the grounds of public policy or privilege granted with the witness .Voluntarily confessed by an accused is admissible.
Facts, which are given in support of some other facts, are called corroborative facts.
When evidence is proved a per the rule of the evidence it is regarded as proof. Document properly tendered whose signature is proved becomes a proof as to contents of document.
Certain facts are conclusive proof, which can not be denied , in legal proceeding .The law presumes that a child under 10 years cannot form means rea .Therefore any wrong committed by child under 10 years is conclusive proof that he/she did it innocently. Any case, which is finally decided by any competent court, is conclusive proof that the case got final decision.