IEA 6 to BSA 4: Relevancy of facts forming part of same transaction
Section 6 IEA (1872) replaced by Section 4 BSA (2023)
IEA 6 to BSA 4 at a Glance
Section 6 IEA (Relevancy of facts forming part of same transaction) is now Section 4 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 6 to BSA 4?
Section 6 of the Indian Evidence Act, 1872 became Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Slightly wider. Facts now form part of the same transaction if connected with "a fact in issue or a relevant fact", where the IEA said only "a fact in issue". The illustrations also read "jails" for "gaols".
IEA 6 vs BSA 4: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 6 | 4 |
| Heading | Relevancy of facts forming part of same transaction | Same |
IEA 6 and BSA 4: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 6, IEA 1872
6. Relevancy of facts forming part of same transaction.—Facts which, though not in issue, are so connected with a fact in issue 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 by-standers 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 gaols 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.
BSA 2023 (in force)
Section 4, BSA 2023
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.
When It Applies: IEA 6 vs BSA 4
Under IEA 6
- Applies when a fact, although not in issue itself, is closely linked to a fact in issue so that both belong to one transaction.
- Applies whether the connected facts happened at the same place and time or at separate places and times.
- Covers words or actions of parties or bystanders during, or just before or after, the central incident.
- Covers events across a wider transaction, a correspondence, or a delivery chain, even if the accused was absent from some stages.
Under BSA 4
- Applies when a fact, although not in issue itself, is closely linked to either a relevant fact or a fact in issue within one transaction.
- Applies whether the connected facts happened at the same place and time or at separate places and times.
- Covers words or actions of parties or bystanders during, or just before or after, the central incident.
- Covers events across a wider transaction, a correspondence, or a delivery chain, even if the accused was absent from some stages.
What IEA 6 to BSA 4 Means in Practice
Section 4 BSA is slightly wider than Section 6 IEA, and parties should cite Section 4 BSA for matters governed by the BSA. A fact belongs to the same transaction under Section 4 BSA when linked to either a relevant fact or a fact in issue, whereas Section 6 IEA covered only a link to a fact in issue. In the illustrations, the word gaols was replaced with jails.
FAQs: IEA 6 to BSA 4
Can a fact that is linked only to another relevant fact qualify under Section 4 BSA?▼
Yes. Section 4 BSA covers facts linked to another relevant fact within the same transaction, whereas Section 6 IEA required a link to a fact in issue.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·