what is BSA Section 4?

Bhartiya Sakshya Adhiniyam, 2023 - Section 4: Relevancy of facts forming part of same transaction

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.

Brefe Detail

Section 4 of the Bhartiya Sakshya Adhiniyam, 2023 discusses the relevancy of facts that, while not directly in issue, are connected to a fact in issue or a relevant fact. These facts can be considered relevant if they form part of the same transaction, regardless of the time or place of occurrence. Various illustrations demonstrate this principle, emphasizing that actions and statements related to a transaction can provide crucial context in legal proceedings.

Question & Answers

Q1: What does Section 4 of the Bhartiya Sakshya Adhiniyam, 2023 state about facts?

A1: It states that facts connected to a fact in issue or a relevant fact are relevant if they form part of the same transaction, regardless of when or where they occurred.

Q2: Can statements made by bystanders during a beating be considered relevant?

A2: Yes, any statements or actions by A, B, or bystanders during or shortly before or after the beating are relevant as they form part of the transaction.

Q3: How is the occurrence of facts related to armed insurrection considered relevant?

A3: Facts occurring during an armed insurrection are relevant to the transaction, even if the accused was not present at all of them.

Q4: In a libel case, are letters exchanged between the parties considered relevant?

A4: Yes, letters related to the subject of the libel, even if they do not contain the libel itself, are relevant facts.

Q5: Are successive deliveries of goods considered relevant in determining if they were delivered?

A5: Yes, each delivery to intermediate persons is a relevant fact when questioning whether the goods were delivered to the final recipient.

Example

1. Murder Case Example: In the case where A is accused of murdering B, any statements made during the incident, including those by bystanders, are relevant to the case.

2. Waging War Scenario: If A participates in a violent insurrection, all related actions—such as property destruction and attacks on troops—are considered relevant to the case, regardless of A's presence at each event.

3. Libel Case Correspondence: In a libel suit, all correspondence relating to the libel, including prior letters that set the context, is relevant even if they do not contain the libelous statement.

4. Delivery of Goods: If goods were ordered from B but delivered through several intermediaries, each delivery is relevant in determining whether the final recipient (A) received the goods.

Summary

Section 4 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies the relevance of facts that are connected to a transaction, even if they are not directly in issue. It establishes that these facts can provide important context and may be considered relevant in legal proceedings, as demonstrated through various illustrative examples.