Section 7 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 7 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 deals with the facts which are the occasion, cause or effect of facts in issue.
Section 7: Facts which are the occasion, cause or effect of facts in issue
This section states:
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.
Explanation:
Section 7 broadens the scope of relevance in evidence law by including facts that:
Occasion a fact in issue (e.g., a celebration or event that led to the incident),
Cause a fact in issue (e.g., a dispute leading to a crime),
Are effects of a fact in issue (e.g., injuries or destruction caused),
Describe the state of things in which the event occurred (e.g., lighting, weather, or general environment),
Provide the opportunity for the occurrence of the fact in issue (e.g., open doors or absence of security).
Illustrations:
Cause: If A is tried for murder of B, and there was a fight between A and B shortly before B’s death, the fight is a relevant fact.
Effect: The fact that B’s body was found in A’s house soon after the murder is a relevant effect.
Occasion: If the murder happened during a festival where people had gathered, the festival could be the occasion.
Opportunity: If A had access to B’s house while others did not, that access is relevant.
Conclusion:
Section 7 is crucial because it allows the inclusion of surrounding circumstances—before, during, or after the main event—that help the court understand the full picture of the incident. These facts may not directly prove the issue but create a logical connection that aids in determining the truth.
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