Facts in issue
Also called: Fact in issue, Principal facts
Facts from which, alone or with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a suit or proceeding necessarily follows (Section 2(1)(g) of the BSA).
Explained
Section 2(1)(g) of the BSA (earlier Section 3 of the Evidence Act) defines facts in issue as any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. Under the Explanation, whenever a Court records an issue of fact under the law relating to civil procedure, the fact to be asserted or denied in the answer to that issue is a fact in issue.
Facts in issue are the principal facts that the substantive law and the pleadings or charge make decisive. In a criminal trial they come from the ingredients of the offence charged and of any defence raised. In a civil suit they come from the issues framed on the pleadings. The test is whether the right or liability "necessarily follows" from the fact.
They must be kept apart from relevant facts. Under Section 2(1)(k), a fact is relevant to another when it is connected with it in any of the ways set out in the relevancy provisions. Section 3 then lays down the basic rule: evidence may be given of the existence or non-existence of every fact in issue and of facts declared relevant, and of no others. Sections 4 to 6 make relevant the facts forming part of the same transaction, facts that are the occasion, cause or effect of a fact in issue, and facts showing motive, preparation and conduct. So a fact in issue is what has to be proved, and a relevant fact is a means of proving or disproving it.
The burden of proving a fact in issue lies on the party who asserts it, under Section 104. Examiners frequently test the Explanation linking facts in issue to issues framed under the CPC, the illustrations to Section 2(1)(g), and the difference between facts in issue and relevant facts.
What the law says
(g) “facts in issue” means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows.
Explanation.—Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue.
Illustrations.
Clause (1)(g) defines facts in issue, with Explanation and Illustrations
Earlier law: IEA 3. Interpretation-clause. 4. ― May Presume. ―Shall presume. ―Conclusive proof.
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.
Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure.
Illustrations.
Evidence may be given of facts in issue and relevant facts only
Earlier law: IEA 5. Evidence may be given of facts in issue and relevant facts.
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustrations.
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.
Burden of proving the facts one asserts
Earlier law: IEA 101. Burden of proof.
Earlier law: Section 3, Evidence Act
Example
Illustration to Section 2(1)(g): A is accused of the murder of B. At his trial the facts in issue may include that A caused B's death, that A intended to cause it, that A received grave and sudden provocation from B, and that A was, by unsoundness of mind, incapable of knowing the nature of the act.
For the exam
- Section 2(1)(g) BSA, earlier Section 3 of the Evidence Act.
- Facts in issue are the principal facts; relevant facts are evidentiary facts connected with them.
- Explanation: the answer to an issue of fact framed under civil procedure law is a fact in issue.
- Section 3 BSA: evidence only of facts in issue and relevant facts, and of no others.
- Insanity or grave and sudden provocation, if raised, can itself be a fact in issue in a murder trial.
183 questions in the Law Maker question bank use this term. Practise Bharatiya Sakshya Adhiniyam questions
Related terms
- FactAnything, state of things or relation of things capable of being perceived by the senses, and any mental condition of which a person is conscious (Section 2(1)(f) of the BSA).
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- Res gestaeFacts, including statements, so connected with a fact in issue or relevant fact as to form part of the same transaction are relevant, whether at the same time and place or not (Section 4, BSA).
- Conclusive proofWhere the Adhiniyam declares one fact to be conclusive proof of another, the Court, on proof of the first, must treat the other as proved and cannot allow evidence to disprove it. Section 2(1)(b) of the BSA.
- Actori incumbit onus probandiThe burden of proving a fact lies on the party who asserts it and seeks judgment on it. Reflected in Sections 104 and 105 of the BSA.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.