Factum probandum – The facts that need to be proved.
Meaning
Factum probandum is a Latin legal maxim which translates to:
“The facts that need to be proved.”
Explanation:
In any legal proceeding, there are facts in dispute which determine the outcome of the case.
These essential facts, which a party must prove to succeed in the claim, are called facta probanda (plural of factum probandum).
Without proving these facts, a party cannot establish their right or liability.
Contrast:
Factum probans – The evidence or facts that help to prove the factum probandum.
Example: Witness testimony, documents, expert reports are facta probantia.
Legal Principle
Factum Probandum:
The ultimate facts in issue.
For example, in a murder trial:
Factum probandum: “The accused caused the death of the victim with intent.”
Factum Probans:
The evidence which proves the factum probandum.
For example:
Medical report proving cause of death, witness testimony about the assault.
In simple words:
Factum probandum = What must be proved.
Factum probans = What proves it.
Example
Case: Suppose A sues B for breach of contract:
Factum probandum:
A and B entered into a valid contract.
B failed to perform obligations under the contract.
A suffered loss due to B’s breach.
Factum probans:
The signed contract document.
Correspondence between A and B.
Witness testimony confirming the breach.
Indian Law Reference
Section 3 of the Indian Evidence Act, 1872:
Distinguishes relevant facts (factum probans) from facts in issue (factum probandum).
Illustration in Indian case law:
Emperor v. Puthucheri (AIR 1937 PC 137)
Facts in issue (factum probandum) were the murder and intention of accused.
Evidence like eyewitness testimony (factum probans) helped prove the factum probandum.
R. v. Smith (UK case)
Factum probandum: Death caused by accused.
Factum probans: Medical evidence linking cause of death to accused’s act.
Summary
| Term | Meaning | Example |
|---|---|---|
| Factum Probandum | The fact that must be proved in court | Accused caused death of victim |
| Factum Probans | Evidence or facts which help to prove factum probandum | Witness testimony, medical report |
| Legal Relevance | Determines burden of proof | Essential for conviction or claim |
✅ Conclusion:
Factum probandum is the central fact in dispute, without which a claim or prosecution cannot succeed.
Factum probans is the means to prove it.
Understanding this distinction is crucial in law of evidence, contracts, and criminal cases.
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