ARTICLE · 19 JUNE 2017

Criminal Proceedings: Basic Facts Vs. Subsidiary Facts : Meaning And Importance

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The distinction between "basic facts" which are essential factual constituents of the "grounds" and their further particulars or subsidiary details is important.

IndiaLitigation, Mediation & Arbitration

Vijay Pal Dalmia

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Vijay Pal Dalmia, Advocate & Partner Vaish Associates Advocates
Email: [email protected] Mobile: 09810081079

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

In the case of Hansmukh v. State of Gujarat & Ors. (AIR 1981 SC 28) has held that while the expression "grounds" in Article 22(5) includes not only conclusions of fact but also all the basic facts on which those conclusions are founded, and they are different from subsidiary facts or further particulars of these basic facts.

The distinction between "basic facts" which are essential factual constituents of the "grounds" and their further particulars or subsidiary details is important.

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