Evidence Law Assignment.docx - AMITY LAW SCHOOL AMITY...

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AMITY LAW SCHOOL AMITY UNIVERSITY UTTAR PRADESH NOIDA Evidence Law Assignment Topic: Relevancy & Admissibility Submitted By: Donna Xavier Enrollment no: A3256118072 Section: A Year: 2 nd Submitted To: Dr. Komal Vig Program: LLB Batch: 2018-21 Introduction
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 in future 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 some words, 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]. For instance, A has a good reputation in his locality. Psychological facts have their seat in an animate 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. For example, 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, the complainant, 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 fact follows immediately or by inference) Facts in Issue: Facts-in-issue are the facts which a plaintiff (or prosecutor) must prove in order to win, or which 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 any right, 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 legally pertinent. The word 'relevant' has two meanings. In one sense it means 'connected' and in another ‘admissible'. For example, a fact in issue is whether 'A' stabbed 'B' However, there was no eye-witness of the alleged stabbing. Then if 'A' was seen outside 'B's bedroom with a bloodstained knife in

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