Question

Fact in issue means:

• A. Fact, existence or non-existence of which is admitted by the parties
• B. Fact, existence or non-existence of which is disputed by the parties
• C. Fact, existence or non-existence of which is not disputed by the parties
• D. All the above

Hint:

Fact in issue = disputed fact, not admitted or undisputed fact.

Answer 1

The Correct Option is B

Step 1: Definition.
Under Section 3 of the Indian Evidence Act, “fact in issue” refers to facts that are in dispute and require adjudication by the court.
Step 2: Application.
Facts admitted need not be proved; only disputed facts are “facts in issue.”
Step 3: Conclusion.
Therefore, option (b) is correct.