Section 5 of The Bharatiya Sakshya Adhiniyam :Facts which are occasion, cause or effect of facts in issue or relevant facts.
Facts which are occasion, cause or effect of facts in issue or relevant facts. The Bharatiya Sakshya Adhiniyam 2023
Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.
Illustrations
(a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.
1. What types of facts are considered “relevant” under Section 5 of the BSA 2023?
Facts that are the occasion, cause, or effect (immediate or otherwise) of the relevant facts or facts in issue are considered relevant. This includes facts that provide context, establish conditions, or show opportunities related to the event.
2. How do “causal” and “contextual” facts support a legal case under the BSA 2023?
Causal or contextual facts provide insight into the circumstances surrounding an event, helping to establish connections that clarify how the incident unfolded. For example, facts like a person’s habits, location, or state of health can support claims by showing how the event occurred.
3. Can facts about the state of things before an incident (e.g., health, behavior) be used as evidence under the BSA 2023?
Yes, facts that describe the state of things before an incident, such as a person’s health, routines, or any prior actions, are relevant. These facts can help explain how or why an event happened, such as in cases of poisoning, murder, or robbery.