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BSA, 2023
Start Practicing
BSAChapter IISection 4
Section4

Relevancy of facts forming part of same transaction

AI Assist

Summary

Facts that are not themselves in issue but form part of the same transaction as a fact in issue are relevant and may be admitted as evidence. This applies whether those facts happened at the same time and place or at different times and places, so long as they are connected to the main event. Consequence: related acts or words can be used to explain the context, sequence, or participants in the disputed fact.

Example

Ravi is accused of assaulting a shopkeeper after an argument. What Ravi, the shopkeeper or bystanders said or did just before and after the assault is relevant as part of the same transaction. Those statements and acts can be put before the court to show what led to the incident and who took part.

Bare Act

Enacted text

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.

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II

Chapter II

Relevancy of Facts

In this chapter

  • 3Evidence may be given of facts in issue and relevant facts
  • 4Relevancy of facts forming part of same transaction
  • 5Facts which are occasion, cause or effect of facts in issue or relevant facts
  • 6Motive, Preparation and previous or subsequent conduct
  • 7Facts necessary to explain or introduce fact in issue or relevant facts
  • 8Things said or done by conspirator in reference to common design
  • 9When facts not otherwise relevant become relevant
  • 10Facts tending to enable Court to determine amount are relevant in suits for damages
  • 11Facts relevant when right or custom is in question
  • 12Facts showing existence of state of mind, or of body or bodily feeling
  • 13Facts bearing on question whether act was accidental or intentional
  • 14Existence of course of business when relevant
  • 15Admission defined
  • 16Admission by party to proceeding or his agent
  • 17Admissions by persons whose position must be proved as against party to suit
  • 18Admissions by persons expressly referred to by party to suit
  • 19Proof of admissions against persons making them, and by or on their behalf
  • 20When oral admissions as to contents of documents are relevant
  • 21Admissions in civil cases when relevant
  • 22Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
  • 23Confession to police officer
  • 24Consideration of proved confession affecting person making it and others jointly under trial for same offence
  • 25Admissions not conclusive proof, but may estop
  • 26Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
  • 27Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
  • 28Entries in books of account when relevant
  • 29Relevancy of entry in public record or an electronic record made in performance of duty
  • 30Relevancy of statements in maps, charts and plans
  • 31Relevancy of statement as to fact of public nature contained in certain Acts or notifications
  • 32Relevancy of statements as to any law contained in law books including electronic or digital form
  • 33What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
  • 34Previous judgments relevant to bar a second suit or trial
  • 35Relevancy of certain judgments in probate, etc., jurisdiction
  • 36Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
  • 37Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
  • 38Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
  • 39Opinions of experts
  • 40Facts bearing upon opinions of experts
  • 41Opinion as to handwriting and signature, when relevant
  • 42Opinion as to existence of general custom or right, when relevant
  • 43Opinion as to usages, tenets, etc., when relevant
  • 44Opinion on relationship, when relevant
  • 45Grounds of opinion, when relevant
  • 46In civil cases character to prove conduct imputed, irrelevant
  • 47In criminal cases previous good character relevant
  • 48Evidence of character or previous sexual experience not relevant in certain cases
  • 49Previous bad character not relevant, except in reply
  • 50Character as Affecting damages
Previous · Section 3Evidence may be given of facts in issue and relevant factsNext · Section 5Facts which are occasion, cause or effect of facts in issue or relevant facts