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 include[1]

  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 categorized 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 centered; 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

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. Was it spontaneous?
  3. Was there an opportunity for concoction?
  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.


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.




[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/

[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)

Leave a Reply


The lawyer warned about the “pitfalls” in the credit installments

Kamila Abdrakhmanova, a junior lawyer at the Yalilov & Partners law firm, said in a conversation with the Prime agency that offers of credit installments without overpayments when buying goods may not always be profitable. She said that among the “pitfalls” of the credit installment may be imposed life and health insurance, as well as […]

Read More

Russia and Turkey are looking for alternatives to Mir

Turkish President Tayyip Erdogan instructed the ministers to develop, in cooperation with the Russian Federation, alternatives to the Mir payment system. Large Turkish banks refused to conduct transactions with Russian NSPK cards, fearing sanctions from Washington and London. The State Duma suggested that the basis of the alternative system would be the same Mir. An […]

Read More

Bio Lyfe Keto ACV Gummies Reduce Appetite & Cravings Powerful Formula For Instant Fat Burning | FDA Approved[REAL OR HOAX]

BioLyfe Keto Gummies Brand – BioLyfe Keto Gummies Product Benefits – Fat And Weight Lose, Increase Energy Side Effects – No Major Side Effects, (100% Natural) Availability – Online Customer Reviews – 5/5 Price – Visit Official Website Refund Policy – 30-Day Money-Back Policy Free Shipping On All Orders    Secured Checkout [Special Discount- 50% Off] […]

Read More