Question
Consider the following statements regarding res gestae
(part of transaction) under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023: Statement 1: The cries of a mob during a riot are relevant as explanatory of the nature of the transaction. Statement 2: When a property is transferred, the details of the buyer's personal business unconnected with the property are relevant as introductory facts. Statement 3: Facts necessary to establish the identity of a person whose identity is relevant to the issue are always relevant regardless of whether they are necessary. Statement 4: A fact explaining the identity of a person is relevant only when such identity is actually in question in the proceeding. Which statements are correct?Solution
Section 7 of BSA provides that facts necessary to establish identity, fix time/place, or explain/introduce facts in issue are relevant. Illustration (f) confirms that cries of the mob during a riot are relevant as explanatory of the transaction, making Statement 1 correct. Illustration (b) clarifies that "particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant," making Statement 2 incorrect. Statement 3 is incorrect because Section 7 explicitly requires facts to be "necessary"—not just any fact explaining identity. Statement 4 is correct because Section 7 requires identity to be "relevant" for the facts establishing identity to themselves be relevant. Statements 1 and 4 are correct.
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