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Section 5 – Facts which are occasion, cause or effect of facts in issue or relevant facts

The Bharatiya Sakshya Adhiniyam, 2023

ARRANGEMENT OF SECTIONS

PART II

CHAPTER II: RELEVANCY OF FACTS

Closely connected facts

Section 5: Facts which are occasion, cause or effect of facts in issue or relevant facts.

Bare Act

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.

Simplified Act and examples below are previews.

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Simplified Act

Facts that are related to relevant facts or issues, or that show the situation in which they happened, or that provided a chanc

Explanation using examples

Example 1:

Scenario: A is accused of stealing a gold necklace from B's house.

Relevant Facts:

  • Occasion: B had hosted a party at his house the night the necklace went missing. The fact that A attended the party is relevant.
  • Cause: B had shown the necklace to A and other guests during the party, mentioning its value. This fact is relevant as it

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