Factum probans – Relevant fact.
Meaning
The Latin term “Factum probans” means:
“A fact that proves or tends to prove a matter in issue”
or simply, a relevant fact in legal proceedings.
Explanation:
In law, a factum probans is a fact directly connected to the issue in dispute.
It is the substantive fact that helps establish the truth of a case.
Key idea:
It is distinguished from “factum probandum”, which is the ultimate fact to be proved.
Legal Principle
Relevance of Facts:
Under Indian Evidence Act, 1872 – Section 3, facts are relevant if they are connected to the fact in issue.
Factum probans is always relevant because it directly supports or proves a fact in issue.
Relationship with Factum Probandum:
| Term | Meaning | Role |
|---|---|---|
| Factum probans | Evidence fact, relevant fact | Helps prove ultimate fact |
| Factum probandum | Fact in issue, ultimate fact | Thing to be proved in the case |
Examples
Criminal Case:
Factum probandum: Theft of a gold chain.
Factum probans:
Fingerprints on the stolen chain.
Witness saw the accused near the scene.
These facts are relevant because they help prove the theft.
Civil Case:
Factum probandum: Breach of contract by A.
Factum probans:
Original signed agreement.
Email communication showing A’s refusal to perform.
Observation: Factum probans supports or proves the factum probandum.
Key Case Law
State of Bombay v. Kathi Kalu Oghad (1961 AIR 1808 SC)
Court held that relevant facts (facta probantia) must be directly connected to the facts in issue (facta probanda).
Evidence irrelevant to the fact in issue cannot be considered.
Queen v. Secretary of State for Home Department (1980)
Confirmed distinction between evidence facts and ultimate facts.
Significance
Helps courts connect evidence to the ultimate fact.
Ensures only relevant evidence is considered, avoiding unnecessary proof of unrelated facts.
Forms the basis for logical inference and reasoning in judgments.
Summary
Factum probans = Relevant fact / evidence fact.
Factum probandum = Fact in issue / ultimate fact to be proved.
Factum probans is admissible evidence that helps establish the factum probandum.
Legal basis: Section 3, Indian Evidence Act, 1872.
Key case law: State of Bombay v. Kathi Kalu Oghad.
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