What is Fact in Issue and Relevant Fact. Meaning of Relevancy of Fact.

RELEVANCY OF FACT

What is Fact in Issue and Relevant Fact 

Interpretation of Article 18 of the Q.S.O 1984

‘Evidence may be given in any suit or proceeding’ suggests that Article 18 of the Q.S.O deals with some rule of evidence. Said rule of evidence is called ‘Rule of Relevancy’.

‘Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.’ elaborates the ‘Rule of Relevancy’. It states that evidence may be given only and only to prove a fact in issue or relevant fact and to prove or disprove fact which are either not in issue or irrelevant. No need to mention here that fact in issue and relevant facts are defined under Article 2(3) and 2(2) of the Q.S.O respectively. For more explanation, please consider commentary under Article 2(3) and 2(2) of the Q.S.O; ‘hereinafter declared to be relevant’ refers the illustrations of ‘relevant facts’ as discussed under Article 09 to 69 of the Q.S.O. Again wording ‘and of no others’ is of much importance which emphasizes on the principle that evidence may be given only to prove or disprove a fact in issue or relevant fact. In other words, “and of no others’ preclude a party from adducing evidence to prove any fact not in issue or not relevant under Article 19 to 69 of the Q.S.O. For example, where a fact is admitted between the parties, no evidence can be permitted because fact is not in issue. This principle is laid down to shorten the trial to achieve the foremost objective of law of evidence that is to decide a controversy expeditiously. Said wording ‘and of no others’ infact imposes a duty on the court to exclude evidence of irrelevant facts. In criminal proceeding, this duty is expressly imposed by the Section 298 of the Cr.P.C. In CPC, Order XIII, Rule 03 is relevant in that regard.

Illustration (a) of the Article 18 of the Q.S.O explains rule of relevancy as discussed above. Suppose A is accused of causing death of B by beating with his club. Now evidence can be permitted to prove that A beat B with club; A caused B’s death with such beating and A intentionally caused B’s death because all said facts are facts in issue. 

Explanation to Article 18 deals with an exception to the Article 18 where a party is prohibited from adducing evidence though in respect of a fact in issue or relevant fact. We have already discussed that the Q.S.O is not the exhaustive law of evidence and it must be read with provisions of other laws like CPC and Cr.P.C dealing with rules of evidence. Now explanation to Article 18 prohibits a party from adducing evidence even to prove or disprove a fact in issue or relevant fact in violation of provisions of CPC dealing with special rules of evidence. 

Illustration (b) of the Article 18 further explains the ‘Explanation to Article 18’ in the way that as per CPC, there is a specific mechanism and stage to bring a document on the record. Where a party neither annexed a document to the plaint nor relied upon the same, said party cannot be allowed to produce said document as evidence or to adduce evidence to prove the same at a belated stage except with the permission of the court.

Crux of Article 18:

Crux of Article 18 of the Q.S.O is that, in order to save public time, of no fact evidence can be given unless said fact is either a fact in issue or a fact relevant under Article 19 to 69 of the Q.S.O.  

Object of Article 18:

Object of Article 18 is to achieve the main object of law of evidence i.e. to decide the controversy expeditiously by restricting the proposed evidence of the parties to the facts in issue and relevant facts.

Different between ‘Rule of Relevancy’ & ‘Relevant Fact’:

At the cost of repetition, it is stated that rule of relevancy as laid down under Article 18 is that evidence may be given to prove or disprove a fact in issue whereas Article 2(2) defines what facts may be called ‘Relevant Facts’.

Conclusion.