Question
Consider the following statements regarding relevancy of
facts in issue and connected facts under Sections 3-4 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: A fact can be proved in evidence only if it is expressly stated as a "fact in issue" in the pleadings or charge. Statement 2: Facts that form part of the same transaction as a fact in issue, though not themselves in issue, are relevant. Statement 3: In a murder case where the accused is charged with beating the victim with a club, whatever was said or done shortly before or after the beating that forms part of that transaction is a relevant fact. Statement 4: Facts that occurred at different times and places from the fact in issue can never be relevant unless they are explicitly declared relevant by statute. Which statements are correct?Solution
Section 4 of BSA provides that "Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places." Statements 2 and 3 are correct, with Statement 3 being the direct illustration (a) to Section 4. Statement 1 is incorrect because Section 3 provides evidence may be given of "such other facts as are hereinafter declared to be relevant"—facts can be relevant beyond being explicitly in issue. Statement 4 is incorrect because Section 4 clearly permits relevant facts at different times and places if they form part of the same transaction, and Section 5 provides for facts as occasion, cause, or effect.
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