- 25-Dec-2024
- Family Law Guides
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.
(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.
Section 7 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the relevance of facts that are necessary to explain or introduce other relevant facts or facts in issue. It emphasizes the importance of supporting or rebutting inferences and establishing identities or relationships connected to the facts being considered. Several illustrations clarify how these principles apply in various legal contexts.
A1: Section 7 covers facts necessary to explain or introduce a fact in issue or relevant fact, including those that support or rebut inferences related to the case.
A2: Facts that establish the identity of a person or thing relevant to the case are considered relevant if they assist in understanding the facts in issue.
A3: In a libel case, the position and relations of the parties at the time of publication may be relevant facts that help explain the context of the alleged libel.
A4: A defendant's conduct, such as absconding after a crime, is relevant if it helps explain the circumstances surrounding the case.
A5: Statements made by third parties can be relevant as they may explain the conduct of a party involved in the case, providing context to the facts in issue.
1. Will Validity: In determining if a document is A's will, the state of A's property and family at the time of the alleged will is relevant.
2. Libel Case: The relationship between A and B at the time of a libel publication can help clarify the context and relevance of the statements made.
3. Absconding After Crime: If A leaves home suddenly after a crime, his explanation for doing so (e.g., urgent business) can be relevant to his defense.
4. Contract Inducement: C's statement about leaving A due to a better offer from B provides context and is relevant to the case against B.
5. Theft Scenario: B's statement while delivering stolen goods to A's wife is relevant as it explains the context of the transaction involving stolen property.
Section 7 of the Bhartiya Sakshya Adhiniyam, 2023 clarifies the relevance of facts that help explain or introduce other pertinent facts in legal proceedings. It establishes criteria for what constitutes relevant information, particularly concerning identity, relationships, and contextual understanding of actions taken by parties involved in the case. The section is illustrated with practical examples that reflect its application in various legal contexts.
Answer By Law4u Team
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