Relevancy of facts forming part of the same transaction (Section 3 BSA)

The BSA, like its predecessor, begins by establishing the foundational concept of relevancy, starting with facts that are part of the same transaction.

Res Gestae

• Definition in BSA: Section 3(1)(f) of the BSA defines "fact" and connects it to relevancy through Section 3(1)(g) which refers to "fact in issue" in Section 3(1)(h). Section 3(1)(h)(i) states that facts are relevant if they form part of the same transaction.

• Meaning: The principle of "Res Gestae" (Latin for "things done") refers to a set of facts so closely connected with a fact in issue as to form part of the same transaction. These facts are considered so spontaneous and inseparable from the main event that they are admissible as part of the transaction itself.

• Key Elements: For facts to form part of the same transaction, they generally must:

  • Be contemporaneous with the fact in issue, or

  • Be so nearly contemporaneous as to be part of the same transaction, or

  • Explain or introduce the fact in issue, or

  • Constitute or explain the effect of the fact in issue.

• Examples: Statements made by persons speaking about the transaction contemporaneous with the event (e.g., a victim's dying exclamation, shouts during an event), actions taken during the event, or the immediate cause or effect of the event.

• Purpose: This rule allows for a fuller and truer picture of the event to be presented to the court, as isolated facts may not convey the complete context.

Facts which constitute the occasion, cause or effect of relevant facts (Section 4 BSA)

Section 4 of the BSA addresses the relevancy of facts that explain or provide context to the fact in issue or relevant facts.

• Occasion: Facts which are the occasion, cause or effect of the fact in issue or of relevant facts, or which provide an opportunity for the occurrence or transaction of the facts in issue or relevant facts, or which constitute the state of things under which they occurred or which afforded an opportunity for their occurrence.

• Cause: Facts that directly led to the fact in issue or a relevant fact. For example, in a murder case, the motive or the argument preceding the murder would be relevant as causes.

• Effect: Facts that are the immediate or proximate results of the fact in issue or a relevant fact. For instance, the injury sustained by the victim, or the flight of the accused after the crime.

• Purpose: These facts help to establish the narrative and provide a complete understanding of how and why the facts in issue or relevant facts came into existence.

Facts that constitute motive, preparation and previous or subsequent conduct (Section 5 BSA)

Section 5 of the BSA deals with the relevancy of facts that demonstrate the intention, planning, and subsequent actions of the parties involved.

• Motive: Facts showing that the accused had a reason or motive to commit the offence. For example, a financial dispute, enmity, or jealousy.

• Preparation: Facts showing that the accused made preparations to commit the offence. For instance, purchasing a weapon, planning the commission of a crime, or reconnaissance.

• Previous Conduct: The conduct of a party before the commission of the offence, which shows motive, preparation, or previous knowledge relevant to the transaction.

• Subsequent Conduct: The conduct of a party after the commission of the offence, which is relevant to the fact in issue or relevant facts. This includes:

  • Conduct showing consciousness of guilt (e.g., absconding, attempting to destroy evidence, making false statements).

  • Conduct showing an alibi or innocence.

• Purpose: These facts help in establishing the chain of events and inferring the intention or guilt of the accused.

Facts of Conspiracy (Section 6 BSA)

Section 6 of the BSA addresses the relevancy of acts done by several persons in concert.

• Definition: Where there is a common intention between two or more persons to commit an offence, anything done by any one of them in furtherance of the common intention, or in pursuit of their common design, is relevant to show that such an intention existed.

• Common Intention: This is crucial in cases involving group crimes, conspiracies, or joint participation in an offence.

• Purpose: This rule allows evidence of acts done by one conspirator to be admissible against all other conspirators, provided these acts were done in furtherance of the common intention.

Evidence of things done in furtherance of common intention

This is essentially an explanation and application of Section 6 BSA, detailing how evidence of actions by one conspirator can be used against others.

• Admissibility: If persons conspire to commit an offence, the acts and statements made by any one of them in furtherance of the common intention are admissible not only against the person making them but also against every other person who joined in the conspiracy at any time before the completion of the crime.

• Example: If A and B plan to rob a bank, and A buys a getaway car while B buys the weapons, the act of buying the car by A is relevant to prove the conspiracy and is admissible against B, and vice versa.

Facts which are the occasion, cause or effect of the fact in issue or of relevant facts (Section 4 BSA)

This reiterates the point covered in point II, emphasizing that facts explaining the context, origin, or consequence of the main facts are relevant.

• Relevancy: Facts that form the occasion, cause, or effect of facts in issue or relevant facts are considered relevant.

• Purpose: These facts provide the setting, background, or outcome of the main events, making the story complete and understandable.

Facts which support or contradict an inference (Section 9 BSA)

Section 9 of the BSA deals with facts which are necessary to support or contradict an inference drawn from other facts.

• Purpose of Fact: Facts which are introductory to or explanatory of facts in issue or relevant facts, or which support or contradict an inference suggested by facts in issue or relevant facts, or which establish the identity of anything or person, or fix the date or time or place of events, are relevant.

• Examples:

  • If it is given in evidence that the accused was seen with a stolen article, the fact that he was in possession of such article immediately after the theft is relevant.

  • To prove that A committed a crime at a certain time and place, evidence of A's neighbours testifying that they saw A in that place at that time is relevant.

  • To identify the accused, evidence of his fingerprints, blood group, or voice may be relevant.

• Introduction of Evidence: This section allows for the introduction of evidence that helps the court understand the context, establish connections, and draw logical conclusions.

Evidence of relationship in certain cases (Section 10 BSA)

Section 10 of the BSA clarifies the relevancy of evidence that establishes a relationship between parties, which can be crucial in inferring intentions or actions.

• Relevancy: Facts which establish the existence of any relationship between the persons concerned in any suit or proceeding, such as husband and wife, parent and child, employer and employee, are relevant.

• Examples: The existence of a marriage between A and B makes certain facts relevant to the case, such as the conduct of A towards B, or B towards A, after marriage. Similarly, the relationship of master and servant may make relevant the conduct of the master towards the servant.

• Purpose: Establishing a relationship can provide context for actions and statements, helping to infer motive, intent, or credibility.

Statements of relevant facts by person who is dead or cannot be found (Section 30 BSA)

Section 30 of the BSA (likely corresponding to Section 32 of the Indian Evidence Act) deals with the admissibility of statements made by persons who are dead or cannot be found, under certain circumstances.

Dying Declarations

• Relevancy: A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, is relevant under this section if the person was, at the time of making the statement, under the impression that his death was imminent, and that he therefore gave up all hope of life.

• Conditions for Admissibility: For a dying declaration to be admissible:

  • The statement must be made by the deceased person.

  • It must relate to the cause of death or the circumstances leading to death.

  • The deceased must have been under the impression that death was imminent (a settled state of mind of impending death).

  • The statement must be voluntary and not influenced by tutoring or prompting.

• Weightage: Dying declarations are considered reliable evidence, but courts examine them with caution, verifying their reliability.

Statements made under special circumstances

The BSA, like its predecessor, recognizes that certain statements made under specific circumstances are relevant due to their inherent reliability or necessity.

Statements as to cause of death

• Section 30(1) BSA: A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, where the person was at the time of making the statement under the impression that his death was imminent, is relevant.

Statements made in course of business

• Section 30(2)(b) BSA: A statement made by such person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, such person being the person by whom the act is done or whose conduct is in question.

• Section 30(2)(c) BSA: A statement made by such person in the ordinary course of business that the various entries or contents of the document were truly and correctly recorded or performed.

• Explanation: Statements made in the ordinary course of business are relevant if they are made contemporaneously with the transaction and are part of the regular duty or business of the person making them.

Statements as to custom

• Section 30(2)(d) BSA: A statement made by such person relating to the existence of any right or custom, as to the existence of which he was likely to have been aware, and as such which affects any public right or custom.

• Explanation: Statements of persons likely to know about a particular custom or right, especially if they are no longer available to testify, are relevant to prove the existence of such custom or right.

Statements relating to relationship in family and onANEOUS occasions

• Section 30(2)(e) BSA: A statement made by such person relating to the existence of any relationship as between members of a family who are in substance members of one of any joint family.

• Section 30(2)(f) BSA: A statement made by such person relating to the existence of any relationship as between persons who are recognized by law as having the relations of father, mother, son, daughter, brother, sister, grandfather, grandmother, or grandson, granddaughter.

• Explanation: Statements in family pedigrees, or made on any occasion upon which or in reference to which the state of the family of any person was Gujarati relevant, are relevant.

Facts showing existence of state of mind, or body, or bodily feeling (Section 12 BSA)

Section 12 of the BSA deals with the relevancy of facts that indicate a person's state of mind, bodily condition, or bodily feeling.

• Relevancy: Facts indicating any state of mind, such as intention, preparation, knowledge, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body, or bodily feeling are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant.

• Examples:

  • In a case of alleged assault with the intention to cause grievous hurt, evidence of the accused's previous threats or animosity towards the victim would be relevant to show his state of mind (malice).

  • Evidence of a victim's fear or apprehension before an incident might be relevant to show their state of mind.

• Purpose: These facts help the court to understand the mental state or physical condition of individuals, which is often crucial in determining guilt or intent.

Facts showing the course of dealing, or usage, when relevant (Section 13 BSA)

Section 13 of the BSA addresses the relevancy of facts that demonstrate established patterns of behaviour or customary practices.

• Relevancy: Any transaction by which any right or custom in question was created, modified, extended, transferred, extinguished or recognized, or which was effected by any such transaction, is relevant.

• Course of Dealing: This refers to a series of past transactions between the parties concerned or their predecessors in interest, which indicates a course of conduct recognized by them and which establishes or illustrates a particular usage or custom. For example, if there's a dispute over a contract term, evidence of past dealings between the parties under similar contracts might be relevant.

• Usage: Facts showing the existence of any public or private right or custom are relevant when any question concerning such right or custom arises.

• Purpose: These facts help in understanding the context of a dispute, particularly in matters of contract, property, or customary law.

Facts relevant when right or custom is in question

This is a reiteration of Section 13 BSA, emphasizing the admissibility of evidence relating to rights and customs when such matters are in dispute.

• Relevancy of Transactions: Any transaction by which any right or custom in question was created, modified, extended, transferred, extinguished or recognized, or which was affected by any such transaction, is relevant.

• Examples:

  • In a property dispute involving a customary easement, evidence of past usage of the pathway by the community over a long period would be relevant.

  • In matters of inheritance, evidence of family customs regarding succession can be relevant.

• Purpose: This rule allows for the establishment of rights and customs through historical evidence when they are directly in question.