BSA Section 4 — Relevancy of facts forming part of same transaction

Summary

Facts that are not themselves in dispute in a case, but are so closely linked to a fact that is in dispute or to another relevant fact that they form part of the same overall event or occurrence, are considered relevant. This applies whether those facts happened at the same time and place as the main event, or at different times and places.

Illustration (a): If A is accused of murdering B by beating him, then anything said or done by A, B, or any bystanders at the time of the beating, or so shortly before or after it that it forms part of the same event, is a relevant fact.

Illustration (b): If A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked, and jails are broken open, the occurrence of these facts is relevant because they form part of the same overall event, even if A was not present for all of them.

Illustration (c): If A sues B for a libel contained in a letter that is part of a correspondence, then letters exchanged between the parties that relate to the subject matter of the libel and form part of the same correspondence are relevant facts, even if those letters do not themselves contain the libel.

Illustration (d): If the question is whether certain goods ordered from B were delivered to A, and the goods were delivered to several intermediate persons one after another, then each of those deliveries is a relevant fact.

Official Text

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.

Illustrations.

(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

(b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them.

(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself.

(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact.

Old <-> New Code Mapping

• IEA §6 — Relevancy of facts forming part of same transaction