Rebutting the Notion of "Relevant to the Issue" – A Reevaluation of Section 45 Evidence Act

I strongly disagree with the common misconception that the relevance of evidence is solely determined by its connection to the 'issue' in a case. Section 45 of the Evidence Act stipulates that evidence must be relevant to the fact in issue, but the definition of 'fact' in issue is far broader than just the disputed point in a case.

In my opinion, a fact in issue can encompass any fact that has a bearing on the case, even if it's not directly related to the contested point. For instance, in the case of 'Nandini Satpathy vs. P.L. Dani' [1978] 2 SCR 424, the Supreme Court held that the victim's character is a relevant fact in determining consent under Section 375 IPC.