UNDERSTANDING ‘RELEVENCY’ UNDER INDIAN

EVIDENCE ACT, 1872

A research prepared submitted in partial fulfilment of the course Law of
Evidence for obtaining the degree BBA LLB (Hons.) doing the academic
year 2019-2020.

Submitted by
RAHUL BARNWAL
2033
Submitted to
Dr. Meeta Mohini
Assistant Professor

August 2019
Chanakya National Law University, Patna
Mithapur Nayaynagar, Patna
 INTRODUCTION
The expressions ‘relevancy’ and ‘admissibility’ are often taken to be synonymous. But they
are not the same. Their legal implications are different. All admissible evidence is relevant
but all relevant evidence is not admissible. Relevancy is the genus of which admissibility is
the species. Relevancy as discussed before is facts that connected to one another in ways
described under Chapter II of the Evidence Act (i.e: Section 5 to 55) and also fact proven to
be relevant to the judge under Section 136 of the same act.
Facts that are admissible are any facts in issue or relevant facts introduced and received by a
court as evidence in order to establish a point put forth by a party to the proceeding. For an
evidence to be admissible, it must be relevant and fulfil further requirements of the provisions
of the Act. Relevancy refers to the degree of connection and probative value between a fact
that is given in evidence and the issue to be proved.
Admissibility involves the process whereby the court determines whether the Law of
Evidence permits that relevant evidence to be received by the court. The concept of
admissibility is often distinguished from relevancy. Relevancy is determined by logic and
common sense, practical or human experience, and knowledge of affairs. On the other hand,
The admissibility of evidence, depends first on the concept of relevancy of a sufficiently high
degree of probative value.
Relevancy is not primarily dependant on rules of law but admissibility is founded on law.
Thus, relevancy usually known as logical relevancy while admissibility is known as legal
relevancy.
 AIM
To critically analyze the historical aspect of the Hindu widow’s property rights.

 OBJECTIVE OF THE STUDY

o To study firstly the definition of Relevant Fact which get admissible by the
court.
o To study briefly that what type of facts can be called as Relevant Evidence.
o To discuss the relation between relevancy and admissibility by the help of
cases.
o To also discuss the relevant provisions of the Act giving reference in this
project.

 HYPOTHESIS
Researcher hypotheses’ that

 RESEARCH MTHODOLOGY

A Research Methodology defines the purpose of the research, how it proceeds, how to
measure progress and what constitute success with respect to the objectives determined
for carrying out the research study.

The research design is given as below –

Exploratory Research: This kind of research has the primary objective of development
of insights into the problem. It studies the main area where the problem lies.
The project involves doctrinal and non-doctrinal forms of sources. As far as the
doctrinal sources are concerned, they primarily include the web, books and newspaper
articles.

The research methodology for the present study has been adapted to reflect these
realties and helps reach the logical conclusion in an objective and scientific manner.
  SOURCE OF THE DATA

1) Primary data –
Data which is collected through direct interviews and by raising questionnaires in this
case to a few car dealers.

2) Secondary data –
Secondary data that is already available and published. Various internet sites,
newspaper, magazines were searched in order to find information useful for completion
of this project.

 LIMITATIONS OF THE STUDY

The researcher being a student doesn’t have the source or access to resources beyond his
capacity. He however, has collected the data from book, internet sites, newspaper, magazines
and interviews. Some of the limitations researcher has faced or is bound to face are:

1. Money : one of the most influential limitation for researcher, for researcher is a student.

2. Time period: the allocated period of time is not sufficient to collect and analyse the data
for more accurate judgement of the subject.

3. Research Area: the provided place for conducting the data collection is very small and
the scope for collection of information is narrow.

 SCOPE OF STUDY
To study and understand the historical roadmap of the development of the rights of
the Hindu widow in the prospective of the historical events. To understand the
struggles and the scenario of the present. This project is also developed while keeping
in mind the current situation and the position of the widows and their property rights.

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 TENTATIVE CHAPERIZATION

1. INTRODUCTION
2. RELEVANT
3. ADMISSIBILITY
4. IMPORTANT CASE LAWS
5. HISTORICAL BACKGFROUND
6. CONCLUSION AND SUGGESTION
7. BIBLIOGRAPHY

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