Section 5 of the Indian Evidence Act, 1872 – Facts in Issue and Relevant Facts

Section 5 of the Indian Evidence Act, 1872 lays down an important rule regarding what evidence can be presented before a court. It provides that evidence may be given regarding the existence or non-existence of facts in issue and other facts which are specifically declared relevant under the Act. Evidence relating to matters that are neither facts in issue nor legally relevant is generally not admissible.

What are Facts in Issue?

Facts in issue are the facts that directly determine the rights, liabilities, or legal responsibility of the parties. For example, in a murder case, whether the accused caused the death of the victim and whether the accused had the required intention may be facts in issue.

What are Relevant Facts?

Relevant facts may not themselves be the main issue before the court, but they have a legally recognized connection with the facts in issue. Sections 6 to 16 of the Indian Evidence Act identify different categories of relevant facts, including facts forming part of the same transaction, motive, preparation, conduct, cause and effect, and facts that make the existence or non-existence of another fact probable or improbable.

Important Judgment

In State of Maharashtra v. Kamal Ahmed Mohammed Vakil Ansari (2013), the Supreme Court explained the scope of Section 5 and held that evidence can be given only regarding facts in issue and facts expressly declared relevant under the Evidence Act. The Court observed that Sections 5 to 16 provide the framework for determining the admissibility of relevant facts.

The principle was also applied in deciding whether certain confessional statements could be relied upon, emphasizing that relevance and admissibility must be examined according to the statutory provisions.

Importance of Section 5

Section 5 prevents courts from being burdened with unrelated evidence. It keeps the trial focused on facts that genuinely assist in deciding the dispute. Therefore, lawyers must carefully establish the connection between the evidence presented and the facts in issue or relevant facts recognized by law.

Note: The Indian Evidence Act, 1872 was repealed from 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023. Section 3 of the new law substantially carries forward the rule contained in Section 5 of the old Act. The old provision continues to be relevant for matters governed by the earlier law.