Fact, Fact in Issue and Relevant Fact; Document; Proved, Disproved, Not Proved (s. 2) — BSA (Law of Evidence) Notes

Fact, Fact in Issue and Relevant Fact; Document; Proved, Disproved, Not Proved (s. 2)

The whole Act is written in a handful of defined words, and if you slip on them nothing later makes sense. Consider: “A intended to kill B” — is that a fact? Most people say no, because you cannot see an intention. The Act says yes — a mental condition is a fact. Getting that right is the difference between an answer that reads the section and one that guesses at it.

Section 2 is the dictionary of the Adhiniyam. Master three linked terms, then two supporting ones.

A. Fact (s. 2(1)(f))

A fact means and includes (i) any thing, state of things, or relation of things capable of being perceived by the senses, and (ii) any mental condition of which a person is conscious.

So a fact is not only the visible and tangible (“there is a knife on the table”). It also covers the invisible but real states of the mind — that a man had a certain intention, held an opinion, or acted in good faith. A physical fact is a positive/external fact; a mental fact is a psychological/internal fact. The Act treats both as facts capable of proof.

B. Fact in issue (s. 2(1)(g))

A fact in issue is any fact from which, by itself or with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a case necessarily follows. In plain terms, it is the matter actually in dispute — what the parties are fighting over, fixed by the pleadings (in a civil suit) or the charge (in a criminal case). If A is charged with B’s murder, the facts in issue are that A caused B’s death, that A intended it, and (if pleaded) that A was provoked or of unsound mind.

C. Relevant fact (s. 2(1)(k))

A fact is relevant to another when it is connected with it in one of the ways the Adhiniyam lays down in the sections on relevancy (ss. 4 to 50). A relevant fact is not itself in dispute; it is a fact that, once proved, helps the court decide a fact in issue. In the murder trial, A’s motive, his preparation (buying poison) and his flight after the killing are relevant facts — none is the murder itself, but each throws light on it.

Hold the three together: the fact in issue is the disputed matter; a relevant fact is a connected fact that helps prove it; and both are species of fact.

D. Document (s. 2(1)(d))

A document means any matter expressed or described upon any substance by letters, figures or marks (or any other means) intended to be used for recording that matter — and includes electronic and digital records. A writing, a printed page, a map, a plan, a photograph, an inscription on metal, and now an email or a video file, are all documents.

E. Proved, disproved, not proved (s. 2(1)(j), (c), (i))

These three describe the state of the court’s mind after weighing the evidence — a sliding scale of belief.

Proved (j): the court, after considering the matters before it, either believes the fact to exist or thinks its existence so probable that a prudent man would act on it.
Disproved (c): the court believes the fact does not exist, or thinks its non-existence so probable that a prudent man would act on that footing.
Not proved (i): the fact is neither proved nor disproved — the evidence leaves the court unable to say either way.

The standard is the prudent man, not mathematical certainty. “Not proved” is the crucial middle state: a fact the prosecution fails to establish is “not proved”, and the benefit goes to the accused.

🧩 WORKED EXAMPLE — sorting the facts in a murder trial

Facts. A is tried for poisoning B. The prosecution leads: (1) B died of arsenic; (2) A bought arsenic a week earlier; (3) A owed B a large debt; (4) A fled the town after the death.

Rule. The disputed matter is the fact in issue; connected facts that help prove it are relevant facts (s. 2(1)(g), (k)).

Apply. Fact in issue = that A caused B’s death by poison (and intended it). Relevant facts = A’s purchase of arsenic (preparation, s. 6), the debt (motive, s. 6), and A’s flight (subsequent conduct, s. 6).

Conclusion. Only the death-by-A’s-hand is “in issue”; the purchase, debt and flight are relevant facts admitted to prove it. If the chain leaves the court unsure, the charge is “not proved” and A is acquitted.

Section 2(1)(g), BSA 2023: “‘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.”

In Simple Terms: A “fact in issue” is the point the case actually turns on — the thing one side asserts and the other denies. Everything else the court hears is there only to help decide that point.

flowchart TD
    ROOT["Fact (s. 2(1)(f))<br/>physical OR mental"]:::root
    ROOT --> FI["Fact in issue (g)<br/>the disputed matter"]:::leaf
    ROOT --> RF["Relevant fact (k)<br/>connected fact that helps prove it"]:::leaf
    RF -->|"helps decide"| FI
    ROOT --> PR["State of proof"]:::root
    PR --> A["Proved (j)"]:::leaf
    PR --> B["Not proved (i)"]:::leaf
    PR --> C["Disproved (c)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Sharad Birdhichand Sarda vs State of Maharashtra (1984) — applied the “prudent man” standard of “proved”; a fact is proved when its existence is so probable that a prudent man would act on it.
Emperor vs Shafi Ahmed (1929) — illustrates that “not proved” is a distinct state of mind lying between “proved” and “disproved”.

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