Under the Indian Evidence Act which of the following is correct 1 lsquo Fact is mother rsquo and lsq...........

Indian Evidence Act (IEA) 1872 Introduction and Definition

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Under the Indian Evidence Act, which of the following is correct?

(1) ‘Fact is mother’ and ‘Fact in issue’ is child.

(2) ‘Fact in Issue’ is also known as ‘Factum Probandum’ (that which is to be proved)

(3) Words printed, lithographed or photographed are documents

(4) A relevant fact is also known as ‘Factum probans’ (a fact that proves)

All are correct

2, 3 & 4 are correct

1 & 3 are correct

2 & 3 are correct

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Explanation:

Let’s break down each statement:

- (1) ‘Fact is mother’ and ‘Fact in issue’ is child.

- This is not a recognized principle in the Indian Evidence Act. 'Fact in issue' and 'relevant fact' are technical terms, but 'Fact is mother' is not a legal phrasing.

- (2) ‘Fact in Issue’ is also known as ‘Factum Probandum’ (that which is to be proved)

- Correct. ‘Factum probandum’ refers to the main fact to be proved in the case.

- (3) Words printed, lithographed or photographed are documents

- Correct. Section 3 says documents include any matter expressed upon any substance by means of letters, figures, marks, or any other means (printed, lithographed, photographed, etc.).

- (4) A relevant fact is also known as ‘Factum probans’ (a fact that proves)

- Correct. 'Factum probans' refers to evidentiary fact which helps establish the fact in issue.

Now, the options:

- Option 1: All are correct

- Incorrect, since statement 1 is not a legal phrasing in Indian Evidence Act.

- Option 2: 2, 3 & 4 are correct

- Correct

- Option 3: 1 & 3 are correct

- Incorrect.

- Option 4: 2 & 3 are correct

- Incomplete, since 4 is also right.

So, the correct answer is Option 2: 2, 3 & 4 are correct.