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ARTICLE · 28 APRIL 2020

Relevancy And Admissibility: Two Sides Of A Coin

Luthra and Luthra Law Offices India
Luthra and Luthra Law Offices India
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Luthra and Luthra Law Offices India

Luthra and Luthra Law Offices India

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Relevant facts have been defined in Section 3 and 5 of the Indian Evidence Act, 1872 (hereinafter referred to as ‘Act').

IndiaLitigation, Mediation & Arbitration

Relevant facts have been defined in Section 3 and 5 of the Indian Evidence Act, 1872 (hereinafter referred to as 'Act'). A perusal of both the provisions says that evidence may be given of- (i) the existence or non-existence of facts in issue; and (ii) of such other relevant facts. The first part deals with points to facts which directly tend to prove or disprove facts in issue and the second part refers to collateral facts which are so inseparably connected with the facts in issue that they indirectly and presumptively tend to prove or disprove any fact in issue1.

Furthermore, relevancy (determined by rules of the Act) is the test of admissibility2. All relevant facts may not be admissible (they may be ruled out due to prejudice, paucity of time, confusion) but all admissible facts are relevant. While relevancy is based on logic, admissibility only relies on lawful pertinence, i.e., whether a fact can be permitted in Court on the basis of the Act. Relevant facts can

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