Question

‘A is accused of murdering B’. The following facts may not be in issue in his trial:

• A. That A caused B’s death.
• B. That A may not have intended to cause B’s death.
• C. That A received sudden and grave provocation from B.
• D. That A at the time of doing the act that caused B’s death may not be aware of the nature of it due to unsoundness of his mind.

Hint:

Always distinguish between “facts in issue” (central dispute) and “relevant facts” (circumstances related to the dispute).

Answer 1

The Correct Option is A

Step 1: Understanding “facts in issue” under the Indian Evidence Act.
- Facts in issue are those that are directly in dispute and need to be proved or disproved.
- In a murder trial, whether A caused B’s death is the central fact in issue.
Step 2: Application to options.
- (a) Whether A caused B’s death is the main point to be decided — thus, it is in issue, meaning it cannot be said to “may not be in issue” unless the question is framed in the reverse.
- (b), (c), and (d) are defences or circumstances affecting culpability and are therefore relevant facts, but not necessarily the central fact in issue.
Here, as per the question’s wording “may not be in issue”, the best fit is (a) since it is in fact the issue itself. \[ \boxed{(a)} \]