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Bharatiya Sakshya Adhiniyam

Section 7

Facts necessary to explain or introduce fact in issue or relevant facts

Quick Answer Reference: Section 7 BSA

  • Provision: Section 7 of BSA
  • Act: Bharatiya Sakshya Adhiniyam
  • Classification: RELEVANCY OF FACTS
  • Jurisdiction: India
  • Summary: This section explains that facts which help to introduce, explain, or support other relevant facts in a case are also considered relevant.
Statutory Content

What does Section 7 of BSA say?

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.

Indian StandardSection 7, Bharatiya Sakshya Adhiniyam
Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 7 (India)
Court Pleading StandardSection 7 of the Bharatiya Sakshya Adhiniyam
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-sakshya-adhiniyam/7

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 7 of BSA mean?

Plain English Explanation

This section explains that facts which help to introduce, explain, or support other relevant facts in a case are also considered relevant.

Practical Interpretation

In practice, this section allows for the consideration of background facts that provide context to the main issues in a case, helping to clarify the circumstances surrounding a dispute or crime.

Core Legal Purpose

The core purpose is to ensure all relevant information that sheds light on the facts in issue is admissible, thereby facilitating a more comprehensive understanding of the case.

Key Legal Elements
  • The fact must be necessary to explain or introduce a fact in issue or a relevant fact.
  • The fact must support or rebut an inference suggested by a fact in issue or a relevant fact.
  • The key legal test is whether the fact is necessary for the purpose of explaining or introducing the fact in issue.
  • A key limitation is that only facts necessary for the stated purposes are considered relevant.
Practical Example

Practical Example of Section 7 BSA

For instance, if Rajesh is accused of stealing from his employer, Amit, the fact that Rajesh was in deep financial trouble and had been acting suspiciously around the time of the theft could be relevant under this section as it provides context to his actions and potential motives. Similarly, if Priya sues her neighbor, Rohan, for trespassing, the fact that there has been a long-standing dispute over the property boundary could be relevant as it explains the background to the alleged trespass.

Common Questions (FAQ)

Frequently Asked Questions about Section 7 BSA

Q: What is the punishment or consequence under Section 7 of BSA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all parties involved in legal proceedings, regardless of whether they are private individuals or public entities, as it pertains to the admissibility of evidence.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences or their bailability/cognizability; it is about the relevance of facts in legal proceedings.

People Also Ask (PAA)

Common Questions about Section 7 BSA

What is Section 7 of BSA?

Section 7 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Facts necessary to explain or introduce fact in issue or relevant facts". In plain terms: This section explains that facts which help to introduce, explain, or support other relevant facts in a case are also considered relevant.

What are the elements of Section 7 of BSA?

The essential elements of Section 7 of BSA are: The fact must be necessary to explain or introduce a fact in issue or a relevant fact.; The fact must support or rebut an inference suggested by a fact in issue or a relevant fact.; The key legal test is whether the fact is necessary for the purpose of explaining or introducing the fact in issue..

Related Sections
Commonly Cited Alongside

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