Relevancy of facts:
Not everything holds value in the court of law, only certain events physical or abstract that are brought to the court’s notice, through legal means, hold relevancy.
Every event is a fact in itself and is made up of a number of facts. The law of evidence was developed to prove ‘facts’
Meaning of Facts:
1. Anything, state of things, or relation of things, capable of being perceived by senses
2. Any mental condition of which any person is conscious.
The chapter “Relevancy of Facts” can be considered as a tool to identify facts, appropriate to the case.
Relevancy of Facts:
1. Exclusion of an irrelevant fact (section 5)
Section 5 of the Indian Evidence Act, of 1872 states that 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. Relevancy is based on logic and probability which may be admissible or not.
2.Res-Gestae (section 6)
Section 6 of the Indian Evidence Act, of 1872 states that facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. In other words, relevant facts could include both acts and omissions, and they could be isolated or contiguous but they should form a part of the transaction in question.
3. Environment facts (section 7)
Section 7 of the Indian Evidence Act, of 1872 states that facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
4. Motive, preparation, conduct (section 8)
Section 8 of the Indian Evidence Act, of 1872, says that the motive with which a person commits a certain act or the preparation which he makes towards the commission of the act is a relevant fact. The question of motive and preparation is important in cases which purely rely on circumstantial evidence. The rule of res gestae testimony is that it may be allowed when the said testimony goes right to the root of the matter directly connected with the commission of the crime. This particular principle has been embodied in section 8 of the Evidence Act.
5. Supportive facts (section 9)
Section 9 of the Indian Evidence Act, of 1872 states that Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Section 9 of the Indian Evidence Act, of 1872, makes relevant, the identity of a person or thing, etc.
6. Evidence to prove conspiracy (sections 10 to 14)
Section 10 of the Indian Evidence Act, of 1872 talks about the things said, done, or written by the conspirator in reference to common intention. In this section, there are some expressions that have been used as things said, done, or written, in reference to their common intention. Each of the words has its own importance in the application of this section and all these things must be properly taken into consideration by the courts before applying this section.
Section 11 of the Indian Evidence Act, of 1872 states that the facts not otherwise relevant, are relevant.
Section 11 (1) of the Indian Evidence Act, of 1872 says that there are generally five cases that arise for consideration under this clause:
1. Alibi (legal maxim for a claim of a piece of evidence that one was elsewhere when an alleged act took place).
2. Non-access of husband to show illegitimacy of the issue
3. Survival of the alleged deceased
4. Commission of an offense by a third person.
5. Self infliction from harm.
Under section 11 (2) of Indian Evidence Act, 1872 the word ‘highly probable’ points out that the connection between the facts in issue and the collateral facts sought to be proved must be so immediate as to render the co-existence of the two highly probable.
Section 12 of the Indian Evidence Act, of 1872 provides for determination of damages when suits for the damages are claimed by the party. Under this section, the court can determine the amount of damages in an action based on contract or tort. In a suit for damages, the amount of damages must be a fact in issue. Thus the section lays down that evidence tending to determine, i.e., to increase or diminish damages is admissible.
Section 13 of the Indian Evidence Act, of 1872 states that Facts are relevant when right or custom is in question. Where the question is as to the existence of any right or custom, the following facts are relevant:
a.any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;
b. particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted, or departed from.
The main part of Section 14 talks about two things:
a.Facts showing the existence of the state of mind which includes intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards a particular person are Relevant. Focus is given to a particular person, which means a state of mind is not towards a general person, but a particular person.
b.Facts showing the existence of any state of body or bodily feeling are Relevant.
7. Evidence of similar facts (sections 15 to 16).
Section 15 of the Indian Evidence Act, of 1872 states that when there is a question of whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant.
Section 16 of the Indian Evidence Act, of 1872 states that when there is a question of whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
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