What is 'fact in issue'?

What is ‘fact in issue’?

[amp_mcq option1=”Happening of an event” option2=”Facts which are affirmed by party and denied by other” option3=”Relevant fact” option4=”Statement made by party” correct=”option2″]

This question was previously asked in

UPSC CISF-AC-EXE – 2019

Download PDF Attempt Online

The correct option is B) Facts which are affirmed by party and denied by other.

As per Section 3 of the Indian Evidence Act, 1872, “Fact 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.” These are the crucial disputed facts that form the basis of the case.

A “fact in issue” is central to the determination of the case. It is a disputed proposition of fact that one party alleges and the other denies, and upon which the court’s judgment depends. While ‘happening of an event’ can be a fact, it’s only a ‘fact in issue’ if its occurrence or non-occurrence is disputed and relevant to the case. A ‘relevant fact’ is a fact that is connected to a fact in issue in a way that makes it relevant under the Act (Sections 5-55). A ‘statement made by a party’ could be an admission or confession, which may relate to facts in issue or relevant facts, but the statement itself is not the definition of ‘fact in issue’.

More similar MCQ questions for Exam preparation:-