Question of Law and Question of Fact
Do you know what comes before the court?
It’s a question of law and a question of fact. Both play important roles in the judgment process of any case.
Read this blog post to learn more about what happened. However, before proceeding, we will let you know about the law and its nature for better understanding.
Law
In Roman times, law was the boundary between just and unjust, right and wrong. Formally, law is a code of conduct or a set of rules developed by a political authority for its citizens, such as legislation.
In ancient India, the concept of law was associated with the idea of ‘Dharma.’ According to them, the law was essential to maintain harmony with the universe, which they believed followed a natural order.
Question of Law And Question of Fact
A court has to answer all the questions presented in the court hall. To answer them, a court uses two sources: law and fact. The answers that are driven by law are called ‘Questions of Law.’ On the other hand, the answers are based on the facts of a case, known as the ‘Question of Facts.’
Let’s discuss them in detail;
Question of Law
The question of law is all about the interpretation or explanation. It relates to judicial decisions. When the judiciary needs to explain a law, it becomes a question of law.
For example, each country has many laws, and it’s up to the judiciary to decide what to apply and what to exclude in a specific case. In short, we can say that the decision-making process is called a question of law.
The question of law, also called the ‘point of law,’ is answered by fixed rules of law. Judges are responsible for answering these questions. This constant law can never be changed. For example, the definitions of crimes, including murder, dacoity, and theft, are clearly explained in the Indian Penal Code (IPC).
Question of Fact
In a question of law, the court tries to find the answer within the boundaries of settled rules and legislation. However, sometimes, the court fails to find clear answers and needs help from higher courts. After a judgment, the victim is sent to higher courts for better trial and judgment.
When a law fails to answer all questions, the court relies on facts and evidence to find a solution. This is known as the question of facts. It focuses only on the available evidence and factual details.
A question outside the specific law is considered a question of fact or a point of fact. The parties involved in the case answered these questions. Sometimes, a question of fact is changed into a question of law. For example, in a question of law, we see what murder is, while in a question of fact, we focus on whether the person is actually a murderer. It was decided according to the evidence presented.
A Combination of Law & Fact
As the title shows, it is a combination of law and fact. In such cases, questions relate to both the law and the facts of the situation. For example, there is a dispute between two parties regarding the partnership.
Here, the court will consider the nature of the relationship between both parties and their work. This is a question of fact. The second question will be whether their partnership is under a code of conduct—following laws.
Presumptions of Law & Fact
Here, the court focuses on factual presumptions of the situation. For example, when there are two persons, one is dead, and the second one is caught with a gun at the arrival of police. Now, the court presumption is that the second person is the murderer.
Moreover, when an accuser is presented in court, we perceive it as a criminal. On the other hand, the court considers it innocent. The court started its trial based on its presumption.
According to Section 82 of IPC, an act committed by a child under the age of 7 years is not considered an offense.
