BSA Section 7 — Facts necessary to explain or introduce fact in issue or relevant facts

Summary

This section explains that certain background facts are considered relevant in a case, but only to the extent they are needed for a specific purpose. These purposes are: to explain or introduce a fact that is in issue or a relevant fact; to support or rebut an inference suggested by such a fact; to establish the identity of anything or person whose identity is relevant; to fix the time or place at which a fact in issue or relevant fact happened; or to show the relation of the parties involved in that fact. Such facts are relevant only insofar as they are necessary for that purpose.

Illustration (a): When the question is whether a given document is the will of A, the state of A's property and family at the date of the alleged will may be relevant facts.

Illustration (b): When A sues B for libel and B claims the statement is true, the position and relations of the parties at the time of publication may be relevant as introductory to the facts in issue. The particulars of an unrelated dispute between A and B are irrelevant, though the fact that a dispute existed may be relevant if it affected their relations.

Illustration (c): When A is accused of a crime, the fact that A absconded from his house soon after the crime is relevant under section 6 as conduct subsequent to and affected by the facts in issue. The fact that A had sudden and urgent business at the place he went is relevant to explain his sudden departure. The details of that business are not relevant, except insofar as they are necessary to show the business was sudden and urgent.

Illustration (d): When A sues B for inducing C to break a contract of service with A, C's statement on leaving A's service that he is leaving because B made him a better offer is a relevant fact as explanatory of C's conduct, which is itself relevant as a fact in issue.

Illustration (e): When A, accused of theft, is seen giving stolen property to B, who gives it to A's wife, B's statement as he delivers it that A says she is to hide it is relevant as explanatory of a fact which is part of the transaction.

Illustration (f): When A is tried for a riot and is proved to have marched at the head of a mob, the cries of the mob are relevant as explanatory of the nature of the transaction.

Official Text

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

Illustrations.

(a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts.

(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The 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 if it affected the relations between A and B.

(c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A—“I am leaving you because B has made me a better offer”. This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.

(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it—“A says you are to hide this”. B's statement is relevant as explanatory of a fact which is part of the transaction.

(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.

Sections referred to

• BSA §6 — Motive, preparation and previous or subsequent conduct

Related Judgments

• KANWAL NAIN SINGH MOKHA vs REKHA KHURANA — Delhi High Court (2022)
• KIRAN KATYAL & ORS. vs ZAHOOR AHMAD — Delhi High Court (2022)
• THE STATE OF KARNATAKA & ORS. vs THE KARNATAKA PAWN BROKERS ASSN. & ORS — Supreme Court of India (2018)

Old <-> New Code Mapping

• IEA §9 — Facts necessary to explain or introduce fact in issue or relevant facts