‘Fact in issue’ is defined under the Indian Evidence Act, 1872 that 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’. In a case where ‘A’ is accused of murder, which one of the following fact is NOT a fact in issue?
A. That ‘A’ caused the murder
B. That ‘A’ intentionally caused the murder
C. That ‘A’ was too poor
D. That ‘A’ was incapable of knowing the nature of his act due to unsoundness of mind
Answer:C
‘Fact in issue’ is defined under the Indian Evidence Act, 1872 that 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’. In a case where ‘A’ is accused of murder, which one of the following fact is NOT a fact in issue?
A. That ‘A’ caused the murder B. That ‘A’ intentionally caused the murder C. That ‘A’ was too poor D. That ‘A’ was incapable of knowing the nature of his act due to unsoundness of mind