Question
Consider the following statements regarding facts
relevant under Section 5 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: Facts that constitute the state of things under which a relevant fact occurred are relevant only if they immediately precede the fact in issue. Statement 2: The fact that a victim withdrew money from his bank account shortly before being robbed is relevant as it shows opportunity for the crime. Statement 3: Marks on the ground produced by a struggle at or near the place where murder was committed are relevant facts. Statement 4: The habitual state of a person's health is relevant only when it is contemporaneous with the alleged poisoning. Which statements are correct?Solution
Section 5 of BSA provides that facts which constitute the state of things under which a relevant fact occurred, or which afforded an opportunity for its occurrence, are relevant. Statement 2 is correct as per illustration (a) to Section 5. Statement 3 is correct as per illustration (b) to Section 5. Statement 1 is incorrect because Section 5 does not require temporal immediacy—facts can be separated in time but still be relevant as occasion, cause, or effect. Statement 4 is incorrect because under illustration (c) to Section 5, the prior state of health (not merely contemporary) is relevant in poisoning cases to establish opportunity and condition.
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