All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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42.

Relevant fact is ?

A: Facts logically relevant to any fact in issue
B: Facts legally relevant to any fact in issue
C: Both
D: None

The answer is: B

Explanation

The correct option is B: Facts legally relevant to any fact in issue.

This is because the term relevant fact is defined in section 5 of the Indian Evidence Act as follows:

"5. Evidence may be given of facts in issue and relevant facts.- 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."

As per section 3 of the Indian Evidence Act, a fact in issue is "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."

Therefore, a relevant fact is a fact that is legally connected to a fact in issue, and not merely logically connected. Logical relevancy is the fundamental criterion used to determine the probative value of evidence, ensuring that it is logically connected to the matters in dispute. However, not all logically relevant evidence is admissible. The rules of legal relevancy exclude, for a variety of reasons, evidence that has logical relevance. For example, evidence that is irrelevant, immaterial, hearsay, privileged, prejudicial, or obtained illegally may be excluded by the court even if it has some logical connection to the case.

Legal relevancy, on the other hand, extends beyond logical relevancy by considering the specific legal standards and rules governing admissibility. Legal relevancy is also known as legal admissibility and they are the facts which are eligible for Court's considerationā“. Legal relevancy ensures that the evidence is not only logically connected to the case, but also conforms to the principles of justice, fairness, and public policy.

Hence, option B is correct as it reflects the definition of relevant fact given in section 5 of the Indian Evidence Act.

Option A is incorrect as it does not consider the legal rules and standards that may exclude some logically relevant facts from being admitted as evidence.

Option C is incorrect as it implies that both logical and legal relevancy are necessary for a fact to be relevant, which is not true.

Option D is incorrect as it denies the existence of any relevant fact at all.