BSA - Bharatiya Sakshya Adhiniyam, 2023

Section 7 in THE BHARATIYA SAKSHYA ADHINIYAM, 2023 – BSA

Facts necessary to explain or introduce fact in issue or relevant facts.

  1. Facts necessary to explain or introduce a fact in issue or relevant fact, or which
    support or rebut an inference suggested by a fact in issue or a relevant fact, or which
    establish the identity of anything, or person whose identity, is relevant, or fix the time or
    place at which any fact in issue or relevant fact happened, or which show the relation of
    parties by whom any such fact was transacted, are relevant in so far as they are necessary
    for that purpose.
    Illustrations.
    (a) The question is, whether a given document is the will of A. The state of A’s
    property and of his family at the date of the alleged will may be relevant facts.
    (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter
    alleged to be libellous is true. The position and relations of the parties at the time when the
    libel was published may be relevant facts as introductory to the facts in issue. The particulars
    of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant,
    though the fact that there was a dispute may be relevant if it affected the relations between
    A and B.
    (c) A is accused of a crime. The fact that, soon after the commission of the crime, A
    absconded from his house, is relevant under section 6, as conduct subsequent to and
    affected by facts in issue. The fact that, at the time when he left home, A had sudden and
    urgent business at the place to which he went, is relevant, as tending to explain the fact that
    he left home suddenly. The details of the business on which he left are not relevant, except
    in so far as they are necessary to show that the business was sudden and urgent.
    (d) A sues B for inducing C to break a contract of service made by him with A. C, on
    leaving A’s service, says to A—”I am leaving you because B has made me a better offer”.
    This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in
    issue.
    (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it
    to A’s wife. B says as he delivers it—”A says you are to hide this”. B’s statement is relevant
    as explanatory of a fact which is part of the transaction.
    (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of
    the mob are relevant as explanatory of the nature of the transaction.

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