Date of Publication :20th November 2014

Abstract: The question of fact and the question of law are the indispensable fundamentals of the adjudicatory process. The question of fact and the question of law are directly related with the process of administration of justice because the wrong question of fact and the erroneous question of law will lead to injustice. The question of fact deals with the physical condition or circumstances which can be proved or disproved with the help of empirical evidence. The question of lawpertains to the ascertaining of the specific meaning of the legal provisions in the cases of uncertainty and ambiguity. The question of law is always answered by the courts with the help of legal principles. The legal provision includes the facts and the leading consequences of it and the underlying liability. Mistake of law is not a recognized legal defence however mistake of facts is a legal defence to the criminal liability. The question of fact and the question of law both are necessarily involved in the issues of the case as well as the ratio decedendi of the case.

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