AMITY LAW SCHOOLAMITY UNIVERSITY UTTAR PRADESH NOIDAEvidence Law AssignmentTopic: Relevancy & AdmissibilitySubmitted By: Donna XavierEnrollment no: A3256118072Section: AYear: 2ndSubmitted To: Dr. Komal VigProgram: LLBBatch: 2018-21Introduction
The terms ‘relevancy’ & ‘admissibility’ are often used synonymously, however they are not the same. All admissible evidence is relevant, but all relevant evidence is not admissible.However, prior to discussing the above mentioned concepts, one needs to know the meaning of ‘fact’, ‘fact in issue’, ‘relevant fact’, & related aspects thereof.What is Fact?‘Fact’ means an existing thing, event or action. The event or fact which is likely to occur infuture and which neither occurred in the past nor is occurring at present, do not amount to‘fact’ within the meaning of Indian Evidence Act.As per Indian Evidence Act, the fact is divided into two categories as following:-1.Physical Facts (External facts) -2.Psychological facts (Internal facts) -As per Sec.3 of Indian Evidence Act, Fact means and includes ----(i) Anything, state of things or relation of things, capable of being perceived by the senses.[Physical fact]. For instance, A, a man saw something, it is a fact; B, a woman, said somewords, it is a fact. Physical facts have their seat in some inanimate being or animate being,but such animate being should not be constituted by virtue of qualities.(ii) Any Mental condition of which any person is conscious [Psychological fact]. Forinstance, A has a good reputation in his locality. Psychological facts have their seat in ananimate being by virtue of the qualities which constituted it as animate.Psychological facts are of 2 types:(i) Positive facts: These facts are those facts whose existence are positive or affirmative. Forexample, A killed B. There are blood strains on the floor. There is a knife in the hand of A.(ii) Negative facts: These facts mean non-existence of positive facts. For example, A, thecomplainant, failed to identify B, the accused, due to lack of light.It is pertinent to mention that in the law of evidence ‘Facts’ include-(i)the factum probandum(i.e. principal fact to be proved) and(ii)the factum probans(i.e. the evidentiary fact from which the principal factfollows immediately or by inference)Facts in Issue:Facts-in-issue are the facts which a plaintiff (or prosecutor) must prove in order to win, orwhich a defendant must prove in order to succeed in some defense which is open to him.
Section 3 of the Evidence Act states that “The Expression facts in issue' means and includes-any fact from connection with other facts, the existence, non existence nature or extent of anyright, liability, or disability, asserted or denied necessarily follows.Facts relevant to the issue:The word 'relevant' has been derived from Latin term ‘Welevare' meaning raising and legallypertinent. The word 'relevant' has two meanings. In one sense it means 'connected' and inanother ‘admissible'.For example, a fact in issue is whether 'A' stabbed 'B' However, there was no eye-witness ofthe alleged stabbing. Then if 'A' was seen outside 'B's bedroom with a bloodstained knife in