Section 5 of Indian Evidence Act, 1872 deals with the relevancy of facts (Facts In Issue And Relevant Facts ). It states that evidence may be given of the following facts:
- Facts in issue.
- Relevant facts.
Facts in issue are facts that are directly relevant to the case and must be proven in order for the case to be decided in favor of one party or the other. For example, in a murder case, the facts in issue would include the identity of the murderer, the time and place of the murder, and the cause of death.
Relevant facts are facts that are not essential to the case but are still useful in helping the Court to decide the case fairly. For example, in a murder case, a relevant fact might be the relationship between the murderer and the victim.
Only relevant facts are admissible in evidence. This means that the Court cannot hear evidence about facts that are not relevant to the case. The purpose of this rule is to ensure that the trial process is fair and efficient.
Examples of relevant facts
- The presence or absence of the accused at the scene of the crime at the time of the crime.
- The motive of the accused for committing the crime.
- The means or weapon used to commit the crime.
- The identity of any witnesses to the crime.
Significance of Section 5 of Indian Evidence Act : Facts In Issue And Relevant Facts
Section 5 is one of the most important sections of the Evidence Act because it sets out the basic rules for determining what evidence is admissible in court. By limiting the admissibility of evidence to relevant facts, the Court can ensure that the trial process is fair and efficient.
Notes for Judicial Exam : Section 5 of Indian Evidence Act
- It is important to be familiar with the distinction between facts in issue and relevant facts.
- Only relevant facts are admissible in evidence.
- The Court has the discretion to decide whether a fact is relevant to the case.
- When deciding whether a fact is relevant, the Court should consider the following factors:
- Is the fact connected with a fact in issue?
- Is the fact likely to prove or disprove a fact in issue?
- Is the fact useful in helping the Court to decide the case fairly?
Following are some case laws on section 5 of Indian Evidence Act, 1872, which deals with the relevancy of facts:
Case 1: State of U.P. v. M.P. Sharma (1957) SCR 518
In this case, the Supreme Court held that the confession made by a person in the custody of a police officer is relevant in a criminal case, even if the confession is not admissible in evidence because it was made under duress or inducement. The Court held that the confession is still relevant because it can help the Court to understand the circumstances of the case and to assess the credibility of the accused’s defense.
Case 2: State of West Bengal v. Anukul Chandra Pramanik (1993) 2 SCC 403
In this case, the Supreme Court held that the fact that the accused is a person of good character is relevant in a criminal case, even if the accused has pleaded not guilty. The Court held that the accused’s character is relevant because it can help the Court to assess the likelihood that the accused committed the crime.
Case 3: Ram Kishan v. State of Haryana (2009) 13 SCC 296
In this case, the Supreme Court held that the fact that the accused is related to the victim is relevant in a criminal case, even if the accused is not charged with any conspiracy or abetment. The Court held that the accused’s relationship to the victim is relevant because it can help the Court to understand the motive for the crime and to assess the credibility of the accused’s defense.
These are just a few examples of case laws on section 5 of Indian Evidence Act. There are many other case laws that deal with various aspects of the relevancy of facts. It is important for lawyers and judges to be familiar with these case laws so that they can apply them correctly in their cases.