Here is a very detailed long-answer format explanation of Chapter 2 – Relevancy of Facts under the Bhartiya Sakshya Adhiniyam, 2023. This includes Sections 3 to 31 and covers each major concept and provision under separate headings, without using tables. It is suitable for law students, judicial aspirants, or academic writing.
📘 Chapter 2 – Relevancy of Facts
Under the Bhartiya Sakshya Adhiniyam, 2023
(Sections 3 to 31)
🔹 Introduction
Chapter 2 of the Bhartiya Sakshya Adhiniyam, 2023 deals with the relevancy of facts in judicial proceedings. It is the backbone of the law of evidence because only relevant facts are admissible in court. This chapter explains which facts may be presented in court and under what circumstances. The provisions from Section 3 to Section 31 elaborate on what constitutes a relevant fact and in what situations they are considered admissible.
🔹 Section 3: Facts in Issue and Relevant Facts
A fact in issue is any fact that is directly in dispute in a case and on which the court must give a finding. For example, in a murder trial, whether the accused caused the death of the victim is a fact in issue.
Relevant facts are those facts which are logically connected to the fact in issue. They may not be in direct dispute but have probative value, i.e., they help prove or disprove a fact in issue. Section 3 states that facts are relevant only if they fall within the provisions of this chapter.
🔹 Section 4: Res Gestae (Facts forming part of the same transaction)
This section allows the admission of facts that are part of the same transaction, even if they do not occur simultaneously. The Latin term “res gestae” means “things done.”
For example, if a person is murdered and several events happen before and after the incident that show a continuous series of events, all such facts form part of the same transaction and are relevant. Statements made during or immediately after the event may be admissible under this section.
🔹 Section 5 to 7: Motive, Preparation, and Conduct
Section 5 – Motive
Motive is the reason why a person commits a particular act. It is not a fact in issue, but it is relevant because it gives context to the act.
Example: In a murder case, proof that the accused had a financial dispute with the victim can be a relevant fact showing motive.
Section 6 – Preparation
Preparation includes actions taken to plan or arrange for the commission of an act. Proof of preparation shows intentionality and prior planning, which are important in criminal cases.
Example: Purchasing poison before a suspicious death may be a relevant fact to show preparation.
Section 7 – Conduct
Conduct before or after the incident that relates to the fact in issue is relevant. This includes:
- Prior conduct indicating planning or motive
- Subsequent conduct like absconding, concealing evidence, etc.
Such conduct must have a direct nexus with the incident to be admissible.
🔹 Sections 8 to 10: Cause and Effect (Occasion, Effect, and Explanatory Facts)
These sections declare as relevant:
- Occasions for facts in issue (Section 8)
- Facts which cause or are caused by the fact in issue (Section 9)
- Facts that provide explanation or context (Section 10)
These include:
- Effects or results of an act
- Chain of circumstances
- Background facts giving full understanding of the issue
For example, injuries on a victim and fingerprints at a crime scene are relevant facts showing cause and effect.
🔹 Section 11: Conspiracy and Common Intention
When there is a conspiracy to commit an offence, statements or actions by any conspirator in furtherance of that conspiracy are relevant against all conspirators.
This is based on the principle that in a conspiracy, the acts of one are deemed to be acts of all.
Statements, emails, meetings, or secret arrangements between co-accused can be admitted to show existence of conspiracy.
🔹 Section 12: State of Mind, Body or Mental Condition
A person’s intention, knowledge, good faith, negligence, mental illness, or bodily condition may become relevant when such states are in issue.
Examples:
- In cases involving intentional torts or crimes, the intention of the accused becomes relevant.
- In insanity pleas, the mental condition of the accused at the time of the act is highly relevant.
- In will disputes, the soundness of mind of the person making the will is examined.
🔹 Section 13: Similar Fact Evidence
Facts that are similar to the disputed fact may be relevant to prove pattern or conduct, especially in cases of repeated behavior or modus operandi.
Example: If a person is accused of a particular type of fraud and has previously committed similar frauds in a similar manner, those facts become relevant.
However, care is taken not to convict based on character but on the strength of relevant facts.
🔹 Sections 14 to 17: Admissions and Confessions
Section 14 – Admission
An admission is a statement, oral or written, which suggests an inference as to any fact in issue or relevant fact. It may be made by a party to the proceeding or by their authorized agent.
Admissions are not conclusive proof but can operate as strong presumptions against the person making them.
Section 15 – Confession
A confession is a direct acknowledgment of guilt in a criminal proceeding. Confessions made voluntarily to an authority are relevant.
Confessions made under threat, coercion, or inducement are not admissible.
Section 16 – Confession to Police
Generally, confessions made to police officers are inadmissible unless made in the presence of a magistrate (Section 16). This safeguards against forced confessions.
Section 17 – Discovery Based on Confession
If a fact is discovered as a result of information given in custody, that portion of the confession which leads to discovery becomes admissible. This is an exception to the bar on police confessions.
🔹 Section 18: Dying Declarations
When a person makes a statement about the cause of their death, and later dies, such statement is known as a dying declaration and is admissible in evidence.
The rationale is based on the belief that a person on the verge of death would not lie. Dying declarations must relate to the cause or circumstances of death and need not be made in presence of the accused.
🔹 Section 19: Statements by Persons Who Cannot Be Called as Witnesses
When a person is dead, missing, or incapable of testifying, their statements may still be admissible if:
- Made in the course of business or duty
- In public records
- In previous legal proceedings
- In documents like wills, family declarations, etc.
These exceptions allow important information to be considered even when the source is unavailable.
🔹 Sections 20 to 23: Relevance of Judgments
These sections deal with the relevance of judicial decisions:
Section 20 – Previous Judgments
A judgment is relevant in subsequent proceedings when:
- It affects the status of a person (e.g., divorce, guardianship)
- It is final and between the same parties
Section 21 – Judgments in Rem
Judgments pronounced on matters like marriage, insolvency, legitimacy, or guardianship are binding on the whole world and are admissible in any proceeding.
Section 22 – Judgments Not Relevant
Judgments that do not relate to a fact in issue or are between different parties are generally not relevant.
Section 23 – Fraudulent or Collusive Judgments
Judgments obtained by fraud or collusion can be challenged and are not admissible as valid evidence.
🔹 Sections 24 to 31: Other Related Provisions (Brief Overview)
These sections continue to list special situations and exceptions regarding:
- Expert opinions (Section 24)
- Character evidence (Section 25)
- Entries in official records (Section 26)
- Relevance of customs, rights (Section 27)
- Reputation or opinion evidence (Sections 28 to 31)
They expand the scope of admissible facts under various legal contexts such as civil rights, public records, and customary law.
🔹 Conclusion
Chapter 2 of the Bhartiya Sakshya Adhiniyam, 2023 plays a crucial role in ensuring that only logically connected, probative and legally acceptable facts are presented in court. From facts in issue to dying declarations, conspiracy to state of mind, every section offers a framework to assess what kind of information can be admitted and how it helps resolve the dispute.
This chapter upholds the principles of fair trial, natural justice, and evidentiary discipline, making it the heart of courtroom procedures in India. A sound understanding of these provisions is essential for anyone studying or practicing law in India.
Would you like this converted into a PowerPoint, PDF, or Hinglish script format? I can also prepare Chapter 3 or other topics similarly.
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