Section 5 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 5 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 – "Evidence may be given of facts in issue and relevant facts"
Summary:
Section 5 lays the foundational rule for the admissibility of evidence in legal proceedings under the BSA, 2023. It states:
Only facts which are either "facts in issue" or "relevant facts" can be admitted as evidence.
Key Points:
Facts in Issue: These are the main facts that the parties dispute in a case and which the court must decide upon.
Relevant Facts: These are facts connected to the facts in issue, which help the court determine the truth of the matter.
No Evidence for Irrelevant Facts: Any fact that is neither a fact in issue nor a relevant fact is not admissible as evidence.
Illustration:
In a murder case:
Fact in issue: Whether A killed B.
Relevant fact: A was seen near the scene of the crime with a weapon.
In this context, you can give evidence of A's presence at the scene or possession of the weapon (relevant facts), but not something unrelated like A's previous job unless it directly relates to the case.
RELATED Blog
comments