#whatisafact

[laweducation]

What is the Definition, Meaning and types of Fact | Indian Evidence Act, 1872?

What is the Fact - Facts have a unique place in the law of evidence, because all rights and obligations depend on facts and they arise from them. A fact is considered to be a piece of information or information that can be verified as true or false. These can be presented as evidence in court and can be used to support or refute arguments or claims made by the parties involved. Definition of fact - In general, fact refers to such a thing that exists, that is, it means the thing that exists. It does not include the mental fact of man, but in the law of evidence it is accepted in a wide sense. Under this, both 'the existence of an object and the mental state, emotion, personal attitude' have been included. Definition of fact in section 3 of the Indian Evidence Act, 1872 -“fact” means and includes - (1) Any thing, state of things or relation of things which is perceptible by the senses, (2) any mental condition of which any person is aware." Types of Fact In Evidence Act. - According to the famous jurist Bentham -Bentham divided the facts into two parts (physical and mental) which have been included in the Indian Evidence Act and according to section 3, the following things come under the facts - (i) Physical or physical fact - any thing or state of things, or relation of things which can be perceived by man by his senses, that is, by seeing, smelling, touching, hearing or tasting Maybe, it is also given the noun of external facts. (ii) Mental or internal facts – Generally mental state is not called a fact, but in the definition of evidence law, examples (d) and (e) are related to mental or internal facts. Such facts remain inside the mind of a person, therefore they cannot be perceived by the eyes. In simple words, such facts of which a person is aware, such as – some intention, knowledge, goodwill, hatred, opinion etc. are good examples of mental facts. These facts are to be proved by confession or circumstantial evidence. (i) Relevant facts - All those facts are relevant, which are capable of providing any reasonable presumption about the disputed subject. Thus, the meaning of a relevant fact is that 'fact' which has the force of probability to some degree. A fact can be said to be relevant only if it is related in one way or the other to the fact in issue under the rules of section 6 to 55. Read Also - What are the essential elements of crime? | Criminal Law (ii) the facts in issue - The facts in issue are the cornerstone of a case, it is also called the disputed facts. Controversial fact refers to such facts which are propounded by one party in a case and the other party accepts or rejects it. In simple language, those subjects which are disputed between the parties are called disputed facts. Difference between relevant fact and issue fact - (i) Relevant facts are called evidentiary facts, that is, they are the means of proving the facts in issue, while the facts in issue are called prime or principal facts and they are the cornerstone of the case. (ii) Relevant facts are not an essential element of a right or liability, whereas facts of issue are an essential element of a right or liability. (iii) Relevant facts are not the disputed facts themselves, these are the facts on the basis of which the existence or non-existence of disputed facts can be inferred, while the disputed facts are the facts on which there is a dispute and on the basis of which the dispute is settled. The decision of Read More - What is the Definition, Meaning and types of Fact | Indian Evidence Act, 1872? Read the full article

[amirocks]

What is a fact? #debasementoflanguage #mikeleach #trumpism #orwell #washingtonstate #doodle #ANGRYCLOUD #whatisafact #wakethefuckupamerica #KillianIsLyingToYou (at Washington State University)