UNIT 1

Intro
-​ A legal dispute arises when one party asserts a right and the other denies it.
-​ The aggrieved party (whose rights are denied) approaches a Court with proper
jurisdiction.
-​ The aggrieved party files pleadings stating facts and seeking relief on specific
grounds.
-​ The Court issues summons to the opposite party, along with a copy of the
pleadings.
-​ The opposite party appears in Court and files their own pleadings in response.
-​ In their pleadings, the opposite party presents their version of facts and seeks
dismissal.
-​ The Court compares both parties’ pleadings to identify and separate the disputed
facts.

●​ Admitted Facts: Facts pleaded by the party instituting the case and accepted by
the opposite party.
●​ Disputed Facts: Facts pleaded by the instituting party but denied by the opposite
party.
●​ Admitted facts are not in conflict and are treated as the agreed facts of the case.
●​ For disputed facts, the Court must determine which version is correct.
●​ To do this, the Court frames issues, which are the key questions of fact in the
case. These issues highlight the exact points of controversy between the parties.
The Court decides these issues based on the evidence provided by both parties.

The Court’s findings must be based only on the material before it: a. Pleadings of the
parties. b. Evidence on record. c. Material objects
-​ A judge cannot use personal knowledge to decide facts.

FACT
1.Understanding the Term "Fact" Two Ways to View a Fact (Jurisprudentially):
a.​ Fact vs. Law
-​ Law is something you can find in legal books.
-​ Fact is something not found in law books and must be proven (like what actually
happened).
 b.​ Fact as Something Perceivable
-​ A fact is anything that can be seen, heard, smelt, tasted, or felt — something you
can experience through your senses.

Legal Definition of "Fact" – Section 2(f), Bhartiya Sakshya Adhinayam, 2023

According to the law, a fact includes: Physical facts – Anything, state of things that can
be seen, heard, touched, etc.
Mental Condition - Psychological facts – A person’s thoughts, feelings, intentions, or
mental condition.

Examples (Illustrations):
-​ Objects placed in a certain way at a place – physical fact
-​ A person saw or heard something – physical fact
-​ A person said something – physical fact
-​ A person had an opinion, intention, or acted honestly/dishonestly –
psychological fact
-​ A person’s reputation – psychological fact
A fact can be something external (like objects or actions) or internal (like thoughts or
intentions). In law, facts are important because they help the court understand what
really happened in a case.

2. Relevant Fact:
A fact is relevant to another when the two are connected in any way.
The word "relevant" has two meanings:
a.​ Connected – One fact is linked to another.
b.​ Admissible – The fact is allowed to be considered in court.

Types of Relevancy:

1.​ Logical Relevancy

-​ A fact is logically relevant when it seems to have some connection or effect on
another fact through reasoning.
-​ Example: If it’s important to know if A placed a murder weapon in a field, and B
saw A walking toward the field with the weapon, this fact is logically relevant.​
 2.​ Legal Relevancy
-​ A fact is legally relevant when the Evidence Act specifically declares it relevant.
-​ These sections list the situations where a fact is recognized as relevant by law.​

Logically Relevant: A fact seems connected or has an effect on another fact, based on
reasoning.​
Legally Relevant: A fact is recognized as relevant under the laws. ​
All legally relevant facts are also logically relevant, but not all logically relevant facts
are legally relevant.​

3. Fact in Issue:​
A fact in issue is a fact that is important to determine the rights, liabilities, or disabilities
in a case. It is a fact that must be proved or disproved for the court to make a decision in
the case.

Definition Section 2 (g):

A fact in issue is any fact that, either alone or connected with other facts, determines
whether a right, liability, or disability exists in a case.
The law also says that when a court records an issue of fact in a case, the fact that needs
to be proved or disproved is considered a fact in issue.
​
Example:
In a murder trial:
-​ Whether A caused B’s death
-​ Whether A intended to kill B
-​ Whether A was provoked by B
-​ Whether A was mentally unfit to understand what he was doing when he killed B
These are all facts in issue that the court will decide upon to determine whether A is
guilty.
Facts in issue are central to deciding whether a legal right, liability, or disability exists in
the case.
The specific facts in issue are usually decided by substantive law (the body of law dealing
with rights and duties) or by procedural law (rules on how cases are managed).
In criminal cases, the charge is typically what defines the facts in issue.
In civil cases, the issues are framed during the process of filing the case.
Proof vs. Evidence:
Proof and evidence are often confused, but they’re not the same.
Proof is about showing that something is true or false, whereas evidence is the material
(like documents, witnesses, etc.) used to support that.

Types of Proof:
a.​ Proved - A fact is proved when the Court believes it exists or finds it so likely
that a reasonable person would believe it’s true in the circumstances of the case.
b.​ Disproved - A fact is disproved when the Court believes it does not exist or finds
its non-existence so likely that a reasonable person would believe it’s false.
c.​ Not Proved - A fact is not proved when there’s not enough evidence to prove or
disprove it.
-​ This happens when neither side can present enough evidence to support their
claim.
Burden of Proof: The burden of proof is not just about proving something, but also
about disproving it, depending on the case.
This means, in some situations, you may need to show why something isn’t true.

What is Evidence? Evidence is anything that helps prove or disprove a fact in a case.
Evidence is itself a fact.

Types of Evidence:
a.​ Oral Evidence : This is testimony given by witnesses in court. They speak about
what they know or have seen related to the case.
b.​ Documentary Evidence : This includes documents (like letters, contracts, or
emails) that are presented in court to support the case. It also includes electronic
records (like videos or computer files).
2 (e) : What Evidence Includes - all statements including those given electronically, Oral
Evidence: Statements made by witnesses in court related to the facts being examined.
Documentary Evidence: Documents presented to the court for inspection.
-​ In some legal systems, there’s also something called Real Evidence, which refers to
physical objects presented in court (like a weapon or a piece of clothing).
However, in the Indian Evidence Act, physical objects are considered part of
documentary evidence.
 -​ vidence can either be oral (witness testimony) or documentary (written
documents or electronic records) and helps prove whether a fact is true or false.

Kinds of Evidence:
1.​ Direct Evidence
This is the evidence given by a witness who personally saw, heard, or perceived the fact
in question.
-​ Direct evidence is considered the strongest form of evidence because it is based on
the witness’s own experience.
-​ Direct evidence is when a fact is proven directly, without needing any other facts
to support it.
-​ For example, an eyewitness who directly saw the crime happen.
2.​ Indirect or Circumstantial Evidence
This type of evidence tries to prove the facts in issue by proving other facts.
It doesn’t directly prove the fact, but it gives an idea of whether the fact might be true or
false.
-​ Circumstantial evidence is when facts surrounding the case suggest or point to
the existence of another fact.
For example, if someone is seen near a crime scene holding a weapon, it doesn’t prove
they committed the crime, but it suggests they might be involved.
For example, if a person is seen walking towards a crime scene carrying a weapon, it’s
circumstantial evidence.
3.​ Hearsay Evidence
This is evidence given by a witness who didn’t directly see or hear the event, but heard
about it from someone else.
Hearsay is usually weak evidence and is not allowed in court unless there are specific
exceptions.
4.​ Oral evidence : Oral evidence is when information is shared by a witness
speaking in court. It is words spoken (like testimony) and can prove something,
even without written documents, as long as the witness is credible.
5.​ Documentary Evidence: includes anything written or recorded, like letters,
photos, contracts, or emails, that can prove a fact in court.
6.​ Conclusive Evidence : Conclusive evidence is evidence that, once presented, is
final and cannot be challenged.
 -​ For example, certain laws may declare specific documents or facts as conclusive
proof in a case.
7.​ Primary Evidence Sec 59: Best evidence, refers to actual documents produced
for courts inspection.
-​ Original docs, Govt Records, letters, photos, emails.
8.​ Secondary Evidence Sec 58 : Cannot supersede the primary and can be
presented after the primary evidence. Introduce it only if primary evidence is not
available. Reason of its absence must be explained.
-​ Certified copies, compared copies with the og doc.

Relevancy vs. Admissibility:

Relevancy and admissibility are not the same, even though they are often confused.
-​ Relevancy refers to how closely a piece of evidence connects to the fact in
question in a case. If evidence is relevant, it helps prove or disprove something
related to the case.
-​ Admissibility refers to whether the court allows that evidence to be used in the
case. Just because evidence is relevant doesn’t mean it will be allowed in court. It
has to follow legal rules for it to be admissible.
Relevancy is about the connection between the evidence and the case. If it helps to prove
or disprove a fact, it’s relevant.
Example: A confession made by an accused person to their spouse might be relevant to
the case because it relates to the facts in question.

Admissibility is whether the court allows that relevant evidence to be used. Sometimes,
even if something is relevant, it can’t be admitted in court because of certain legal rules.
Example: A confession made to a spouse, while relevant, may not be admissible in court
because it’s protected under the rule of privileged communication (meaning spouses
don’t have to testify against each other).

Rules of Evidence in Civil and Criminal Cases

1. Confessions vs. Admissions:
Confessions are only relevant in criminal cases. In these cases, the court needs to make
sure the confession is voluntary and true.
In civil cases, the parties can admit facts, which the court can accept as true without
needing further proof. These are called formal admissions.
2. Burden of Proof:
In both civil and criminal cases, the person who starts the case (plaintiff or prosecutor)
has the initial burden of proving their side.
In civil cases, the burden of proof can shift between the parties as the case goes on.
In criminal cases, the burden of proving the accused is guilty always lies with the
prosecution, and never shifts to the accused.
3. Standard of Proof:
In criminal cases, the standard is higher. The guilt of the accused must be proven beyond
reasonable doubt.
In civil cases, the standard is lower. The evidence is considered based on probabilities,
not certainties.
4. Character Evidence:
In civil cases, character evidence (evidence about a person's character) is generally not
relevant, except when determining the amount of damages in defamation cases.
In criminal cases, character evidence is important and can be used to show the accused's
behavior or intent.
5. Special Rules:
Some rules, like those about admissions and estoppels (which stop a party from
changing their statement), apply only in civil cases.
Confessions and character evidence are important mainly in criminal cases.

RELEVANCY OF FACTS
Even if some facts are not directly in issue, they are still relevant if they are closely
connected with the main fact and form part of the same series of events (same
transaction) — even if they happened at different times or places.
-​ This is based on the doctrine of Res Gestae, which means things done or words
spoken as part of the same event.
Examples (Illustrations):
Murder case – If A is accused of beating B to death, anything said or done by A, B, or
bystanders during, just before, or just after the beating is relevant.
Armed rebellion – If A took part in an armed attack against the government, then other
related actions (like destroying property, attacking troops), even if A wasn't present at
each place, are still relevant.
Libel in letters – If A sues B for defamation in a letter, the entire letter exchange (not
just the one containing the libel) is relevant to understand the full context.
Delivery of goods – If there’s a question about whether A received goods from B, and
the goods passed through several people, each delivery is a relevant part of the
transaction.

-​ Actions or statements that are part of the same event as the fact in issue are
relevant.
-​ These actions/statements can be made by anyone involved — parties or third
persons.
-​ They must happen at the same time as the main event or closely before or after it
— so they clearly relate to the same event.
-​ They can happen at the same or different places/times, as long as they form one
continuous transaction.
Why Timing Matters:
The statement or act must be spontaneous — made right when the event happened.
If there’s a delay, the person may have had time to make up or change the story, making
it less trustworthy.
If it's not immediate, it becomes hearsay and is generally not allowed in court.

Res Gestae (Same Transaction) – Quick Concept:

It allows certain statements or acts made immediately during or around the event (fact in
issue) to be used as evidence, even if they are technically hearsay.
Why? Because they are spontaneous, made without time to plan or lie.

1. R v. Christie
What happened? A 5-year-old boy was assaulted. Soon after, he pointed to the accused
and told his mother: “Mom, this is the man.”
Court's Decision:
The boy’s identification =✅ Admitted (it was part of the same transaction).
The boy’s explanation of the assault = ❌ Rejected (hearsay, not spontaneous).
2. R v. Beddingfield
What happened? A woman ran out with her throat cut. She said to her aunt: “O Aunt,
see what Beddingfield has done to me.”
Court’s Decision: ❌ Not admitted.
Why? Statement was after the incident and not immediate — so it was not considered
part of the same transaction.

3. Ratten v. Reginan
What happened? A woman was shot by her husband. Just before her death, she tried to
call the police.
Court’s Decision: ✅ Admitted.
Why? Her phone call showed she was in fear and needed help — indicating the shooting
was intentional, not accidental.

Section 5 : Facts – Occasion, Cause, Effect, State of Things, and Opportunity

Facts that show the occasion, cause, or effect of a fact in issue (or a relevant fact),
or facts that show the situation or conditions under which the event happened,
or facts that gave someone an opportunity to do something — are all relevant.
-​ Allows facts that are closely related to the main event (before, during, or after)
to be used as evidence — as long as they help explain how, why, or under what
conditions the main act happened.

In Simple Terms: You can give evidence of:

-​ What led to the event, what triggered the event (Occasion or Cause)
-​ Cause - why the act happened.
-​ What resulted from the event, (Effect)
-​ The situation at the time (State of things)
-​ Opportunities the accused had to commit the act

Examples (Illustrations made simple):

Robbery case - Fact in issue: Did A rob B?
Relevant fact: B was seen with money at the fair just before the robbery and told others
about it → shows the occasion for the robbery.
Murder case - Fact in issue: Did A murder B?
Relevant fact: Signs of struggle (footprints, disturbed ground) found at the scene →
show the effect of the act.

Poisoning case - Fact in issue: Did A poison B

Relevant facts: B’s health condition before falling ill, and A knowing B’s habits (like
taking tea every morning, which A could have poisoned) → shows opportunity and state
of things.

Section 6 : Motive, Preparation, Conduct Previous or Subsequent

What the Law Says: Any fact is relevant (important in court) if it shows:

Motive – The reason why someone might commit a crime.

Preparation – The steps taken before committing a crime.
Conduct – The behavior of a person before or after the incident.

1. MOTIVE - What it means: The reason behind someone's actions. Example: Anger,
jealousy, greed, fear, revenge. Why it's important: Motive alone is not a crime, but when
a crime is committed, motive helps the court understand why it happened.
Example:
A kills B. Earlier, B had threatened to expose A for killing someone else.
➤ This threat is a motive for A to kill B.

2. PREPARATION : What it means: Steps or arrangements made before committing a

crime. Why it's important: Like motive, preparation itself isn’t illegal, but if a crime
happens, it shows planning.
Example:
A person is accused of poisoning someone.The fact that he bought poison similar to the
one used just before the incident is important.
➤ It shows preparation.

3. CONDUCT- What it means: The behavior of a person (before or after the incident)
which relates to the case. Important conditions:
The conduct must relate to the case or the facts in issue.
It can influence the case, or be influenced by it.
It can happen before, during, or after the crime.
Examples:
A hides or destroys evidence.
A tries to make the incident look like an accident.
A runs away after the crime.
➤ All these behaviors are relevant and can point to guilt.

Section 7 : Facts Necessary to Explain or Introduce Relevant Facts

Deals with extra facts that help explain or support the main facts of a case, even if they
are not directly in issue. These facts help the court understand the case better.
Facts are relevant when they:
-​ Explain a fact in issue or a relevant fact
-​ Introduce (lead into) a fact in issue or relevant fact
-​ Support a conclusion suggested by a fact in issue
-​ Disprove or contradict a suggested conclusion
-​ Help identify a person or object in question
-​ Help fix the time or place of the event
-​ Show the relationship between people involved

Type What it means

Introductory Facts That help start or explain the background situation

Explanatory facts Clarify or explain a relevant fact or event

Supporting Supports a conclusion or assumption

Rebutting Disprove or contradicts a suggested conclusion

Identity Help identify a person or a thing involved

Time & place Help pinpoint when and where the event happened.

Illustrations (Examples):
Will Case – A's property and family situation at the time of making a will can help
explain if the will makes sense.
Libel Case – The relationship between A and B helps explain why the alleged
defamation happened.
Absconding After Crime – A ran away (looks suspicious), but if he had urgent business,
that explanation becomes relevant.
Broken Contract – C tells A that B offered him a better deal. This explains C’s action, so
it’s relevant.
Theft – B passes stolen goods to A’s wife and says “A said hide this.” This explains why B
acted—so it’s relevant.
Riot Case – A led a mob. The mob’s cries help explain the nature of the event—were
they peaceful or violent?

Section 8 : Things Said or Done By Conspirator In Reference To Common

Intention
If two or more people are believed to be working together to commit a crime (or a
wrongful act), then anything said, done, or written by any one of them about their
shared plan is relevant against all of them—as long as it was done while the plan was
active.

Conspiracy = Secret Agreement

-​ A conspiracy is a secret plan between two or more people to:
-​ Do something illegal, or
-​ Do something legal but by illegal means
-​ When Does Section 10 Apply?
There must be a reasonable belief (not full proof) that a conspiracy exists.
Actual proof of the conspiracy is not needed at the start, but some evidence must show
that people were working together with a common plan.
What Becomes Relevant? Once a conspiracy is believed to exist, then anything:
-​ Said, Done, Written
Any one of the conspirators becomes relevant against all of them, if it was done during
the time they were working together.
Important Conditions
-​ The act, statement, or writing must be in connection with the common plan.
-​ If someone leaves the conspiracy, things they say or do after that are not relevant
against others.
-​ If the conspiracy ends, anything said or done after that is not relevant under
Section 10.
Ingredients of Conspiracy
 -​ To prove a conspiracy: There must be an agreement between 2 or more people.
-​ The agreement should be: To do something illegal, or, To do something legal but
using illegal means.
Eg : Let’s say A, B, and C plan to rob a bank:
-​ While the plan is ongoing, A sends a text to B about getaway timings → Relevant
for all three.
-​ After the robbery, B tells the police he did it and A helped → Not relevant under
Section 10 (because the conspiracy is already over).​

Section 9 : Facts not otherwise relevant

What It Means : Section 11 allows some facts, which are not directly relevant under
other sections, to still be used as evidence if they:
Contradict (go against) a fact in issue or relevant fact, or Make it highly probable or
improbable that a fact in issue or relevant fact is true.
Important Clarification : Just because a fact is not mentioned in other sections doesn't
make it irrelevant.
But not every possible fact is relevant — it must strongly affect the chances of something
being true or false.
Famous Legal Principle
“Highly probable or improbable” means: The fact must directly affect the likelihood of
something being true or false. There must be a strong logical connection with the fact in
issue.
Important Cases
Jhabwala v. Emperor: Facts must make another fact clearly more or less likely, not just a
small chance.
Rajendra Singh v. Ramganit Singh: The connection must be so strong that the court
must consider it to reach a decision.
Highly Probable or Improbable Facts (Clause 2 Examples)
A person charged with forgery is found with many forged documents — shows intent
and makes forgery highly probable.
Other crimes unrelated to the current case are usually not admissible, even if they seem
to prove a pattern (as in R v. Prabhudas).

Key Illustration from Section 9

Illustration (a): A is accused of murder in Kolkata on Jan 1st. If A proves he was in Delhi
that day, and couldn’t have committed the crime, this fact is relevant.
Illustration (b): Crime must have been done by A, B, C, or D. Any fact showing that B,
C, or D could have done it is relevant.

Section 10 – Facts That Help Decide the Amount of Damages

In any case where compensation or damages are claimed, facts that help the court decide
how much should be given are relevant.
In a contract dispute, any fact that shows how much loss was suffered is relevant.
In a tort case (like personal injury), any fact that shows how badly someone was harmed
or what it cost them is relevant.
Section 55 of the Act – character evidence may affect the amount of damages in civil
cases.
Section 73 of the Indian Contract Act – rules on compensation for breach of contract.
Example:
In a suit for breach of promise to marry, the status or reputation of the person who was
supposed to marry may be relevant to decide the amount of compensation.

Section 11 – Facts Relevant When Right or Custom is in Question

What It Means:
If there's a dispute about a legal right or a customary practice, certain past transactions
or examples (instances) related to that right or custom are relevant.
-​ Note: Only actual transactions or specific acts are relevant. Statements or
opinions are not relevant.
Illustration (from the Act):
The question is whether A has the right to fish in a certain area.
The following are relevant: A deed giving the right to A’s ancestors. A mortgage of the
fishery by A’s father. A new grant that conflicts with the mortgage. Past instances of A’s
father using the fishery Instances where neighbors stopped the use of fishery