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.
Explanations
This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure.
Illustrations
- A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue—
A’s beating B with the club;
A’s causing B’s death by such beating;
A’s intention to cause B’s death. - A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.
Simplified Explanation
Section 5 of the Indian Evidence Act, 1872 is foundational to understanding what evidence is admissible in a court of law. This section states that:
Text of Section 5:
“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.”
Explanation:
- Facts in Issue: These are the main facts that are in dispute between the parties in a case. They are directly related to the determination of the rights and liabilities of the parties involved. Evidence must be provided to prove or disprove these facts.
- Relevant Facts: These are facts that, while not directly in issue, have a logical connection to the facts in issue. They help in proving or disproving the facts in issue and are, therefore, admissible as evidence.
- No Other Facts: The section limits the evidence to facts in issue and relevant facts, excluding any other facts that do not meet these criteria. This is to ensure that the evidence presented in court is directly related to the matters under dispute and to avoid irrelevant or extraneous information.
Example:
Imagine a case where a person, A, is accused of stealing a car belonging to B.
- Fact in Issue: Whether A stole B’s car.
- Evidence related to the fact in issue could include witness testimonies of seeing A take the car, fingerprints found on the car, or CCTV footage showing A driving the car away.
- Relevant Facts: Suppose A claims that B had given him permission to use the car. The relationship between A and B and any previous instances where B had allowed A to use the car could become relevant facts. For instance, if it is established that A and B had an agreement where A could use the car whenever needed, this would be a relevant fact. Another relevant fact could be evidence showing that the car was found abandoned far from A’s residence, suggesting that A did not intend to permanently deprive B of the car.
- Irrelevant Facts: Any information unrelated to the car theft, such as A’s financial situation or B’s unrelated personal issues, would be irrelevant and thus inadmissible as evidence.
Significance:
Section 5 helps streamline the judicial process by ensuring that only pertinent evidence related to the actual dispute is considered. This avoids confusion, saves time, and helps the court focus on resolving the actual matters in contention. It is a fundamental rule that governs the admissibility of evidence in Indian courts.
