IEA 7→BSA 5

IEA 7 to BSA 5: Facts which are the occasion, cause or effect of facts in issue

Section 7 IEA (1872) replaced by Section 5 BSA (2023)

View IEA Section 7 →View BSA Section 5 →

IEA 7 to BSA 5 at a Glance

Section 7 IEA (Facts which are the occasion, cause or effect of facts in issue) is now Section 5 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 7 to BSA 5?

Section 7 of the Indian Evidence Act, 1872 became Section 5 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Facts which are occasion, cause or effect of facts in issue or relevant facts".

IEA 7 vs BSA 5: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section75
HeadingFacts which are the occasion, cause or effect of facts in issueFacts which are occasion, cause or effect of facts in issue or relevant facts

IEA 7 and BSA 5: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 7, IEA 1872

7. Facts which are the occasion, cause or effect of facts in issue.—Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.
BSA 2023 (in force)

Section 5, BSA 2023

5. Facts which are occasion, cause or effect of facts in issue or relevant facts.—Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations. (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

When It Applies: IEA 7 vs BSA 5

Under IEA 7
  1. Applies when a party seeks to prove a fact that was the occasion, cause, or effect of a fact in issue or a relevant fact.
  2. Applies whether the occasion, cause, or effect is direct or indirect.
  3. Applies when a fact shows the background state of things in which the disputed or relevant event took place.
  4. Applies when a fact shows that an opportunity existed for the event or transaction to occur.
Under BSA 5
  1. Applies when a party seeks to prove a fact that was the occasion, cause, or effect of a fact in issue or a relevant fact.
  2. Applies whether the occasion, cause, or effect is direct or indirect.
  3. Applies when a fact shows the state of things in which the disputed or relevant event took place.
  4. Applies when a fact shows that an opportunity existed for the event or transaction to take place.

What IEA 7 to BSA 5 Means in Practice

The rule on proving occasion, cause, effect, state of things, and opportunity is unchanged from Section 7 IEA, with only the section heading expanded to mention relevant facts. For matters governed by the Adhiniyam from 1 July 2024, a party or witness should cite Section 5 BSA.

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 ·