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?

Q: Answer-Consider the following statements regarding facts relevant under Section 5 of the Bharatiya Sakshya...

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 immediacyfacts 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.