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evidence_law:relevant_facts_21151812019

Relevant Facts

Facts mean:

  1. anything capable of being perceived by the senses and
  2. any mental condition of which any person is conscious.

Facts in issue are matters which are in dispute or subjects for determination.

Relevant facts are defined in Sections. 3 & 5.

Evidence may be given of

  1. facts in issue and
  2. of such other facts declared to be relevant by the Evidence Act, and of no others.

Generally speaking, evidence should to be confined to the facts in issue. But there are collateral facts which are intermixed with the facts in issue and according to the Evidence Act these are relevant and admissible. Relevancy is the test of admissibility.

  1. A fact not relevant may become relevant because of a presumption.
  2. The terms of a contact may be relevant but no oral evidence is allowed except the document itself.
  3. In examination in chief though there may be facts leading questions concerning them are not admissible. But in cross examination leading question may be freely asked.

The objective of the evidence Act to save public time and to prevent fanciful inferences which may prejudice and mislead the court. Hence only collateral facts which are relevant according to the Evidence Act are admissible. All others are inadmissible. The discretion of the court is guided by the provisions of 'the Act.


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