IEA 9→BSA 7

IEA 9 to BSA 7: Facts necessary to explain or introduce relevant facts

Section 9 IEA (1872) replaced by Section 7 BSA (2023)

View IEA Section 9 →View BSA Section 7 →

IEA 9 to BSA 7 at a Glance

Section 9 IEA (Facts necessary to explain or introduce relevant facts) is now Section 7 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 9 to BSA 7?

Section 9 of the Indian Evidence Act, 1872 became Section 7 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The heading now reads "Facts necessary to explain or introduce fact in issue or relevant facts", with small spelling and wording edits in the illustrations.

IEA 9 vs BSA 7: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section97
HeadingFacts necessary to explain or introduce relevant factsFacts necessary to explain or introduce fact in issue or relevant facts
Cross-referencess.8s.6

IEA 9 and BSA 7: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 9, IEA 1872

9. Facts necessary to explain or introduce relevant facts.—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 relevant fact, or which establish the identity of any thing 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 8, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, he 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.
BSA 2023 (in force)

Section 7, BSA 2023

7. Facts necessary to explain or introduce fact in issue or relevant facts.—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.

When It Applies: IEA 9 vs BSA 7

Under IEA 9
  1. A party wants to bring a fact that introduces or explains a disputed fact or a relevant fact.
  2. A party wants to prove a fact that backs up or counters an inference from a disputed or relevant fact.
  3. The identity of a person or object matters in the case and a fact helps establish who or what it is.
  4. A fact helps set the time or location where a disputed or connected event happened.
  5. A fact shows how the parties who carried out a disputed or connected act were related to each other.
Under BSA 7
  1. A party wants to bring a fact that introduces or explains a disputed fact or a relevant fact.
  2. A party wants to prove a fact that backs up or counters an inference from a disputed or relevant fact.
  3. The identity of a person or object matters in the case and a fact helps establish who or what it is.
  4. A fact helps set the time or location where a disputed or connected event happened.
  5. A fact shows how the parties who carried out a disputed or connected act were related to each other.

What IEA 9 to BSA 7 Means in Practice

The same rule applies under Section 7 BSA as under Section 9 IEA, with no substantive change. Litigants and witnesses should cite Section 7 BSA for matters governed by the BSA. The heading adds a reference to a fact in issue, and Illustration (c) updates the cross-reference from Section 8 IEA to Section 6 BSA alongside minor spelling and wording edits.

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 ·