'Fact' means anything or state of thing which is capable of being perceived by the senses. It also includes any mental condition of which a person is conscious.
Facts and events which have neither occurred in the past, nor are occurring in present but are likely to occur in future do not fall within the definition of a fact.
Facts are of two kinds :
Facts in issue means any fact from which either by itself or in connection with other facts there necessarily follows the nature of the right asserted or denied in any civil or criminal proceedings.Facts in issue are facts out of which some legal right, liability, or disability, involved in the inquiry, necessarily arises, and upon which, accordingly, decision must be arrived at. Matters which are affirmed by one party to a suit and denied by the other may be denominated facts in issue; what facts are in issue in particular cases, is a question to be determined by the substantive law or in some cases by that branch of the law of procedure which regulates the law of pleadings, civil or criminal.
'A' is accused of murder. The following are the facts in issue:
Matters which are in dispute or which form the subject of investigation are to be determined by the court. When the Court investigates the facts there may be allegation and denials by the parties to the dispute. From these the court settles the facts in issue. These are called issues under Civil Procedure Code.
Under Civil Procedure Code, the Court has to frame issues on all disputed facts which are necessary in the case. These are called issues of fact but the subject matter of an issue of fact is always a fact in issue. Thus when described in the context of Civil Procedure Code, it is an ‘issue of fact’ and when described in the language of Evidence Act it is a ‘fact in issue’. Thus as discussed above, distinction between facts in issue and relevant facts is of fundamental importance.