Section 4 BSA: Relevancy of facts forming part of same transaction

Bharatiya Sakshya Adhiniyam, 2023

Section 4 BSA at a Glance

Section 4 BSA deals with relevancy of facts forming part of same transaction. It replaced Section 6 IEA on 1 July 2024.

Was IEA

Section 4 BSA Bare Act Text

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.

Source: Section 4, Bharatiya Sakshya Adhiniyam, 2023

Section 4 BSA in Simple Words

Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 makes facts relevant from 1 July 2024 when they belong to one transaction. A fact not in issue is relevant when closely linked to either a relevant fact or a fact in issue (a core disputed fact). The connected facts may happen at the same place and time or at separate places and times.

In a beating murder trial, words or acts of the accused, victim, or bystanders during the beating are relevant. Words or acts just before or after the beating that belong to the transaction are also relevant. In an armed insurrection (an armed uprising) involving attacks on troops and breaking open jails, those events are relevant. They remain relevant as part of the overall transaction even if the accused was not present at every event.

In a suit over a libel (a defamatory written statement) in a letter, related letters in that correspondence are relevant. When ordered goods pass through several intermediate persons to the buyer, each intermediate delivery is a relevant fact.

When Section 4 BSA Applies

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.

Example of Section 4 BSA

In October 2024, Farhan is tried in Bhopal for setting fire to a warehouse owned by Priya. Shortly before the blaze, a watchman, Ramesh, hears Farhan threaten Priya at the gate and sees smoke rise moments later. The threat at the gate is not in issue, yet it belongs to the same incident as the blaze. Under Section 4 BSA, the threat is a relevant fact linked to setting fire to the warehouse.

Section 4 BSA in the IEA (Previous Law)

Section 4 BSA replaces Section 6 IEA from the old criminal code.

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".

View IEA Section 6 →Compare IEA 6 vs BSA 4 →

FAQs on Section 4 BSA

What is Section 4 BSA?▼

Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 makes facts relevant when they belong to the same transaction as either a relevant fact or a fact in issue. Those connected facts are relevant even though they are not themselves in issue.

Do connected facts under Section 4 BSA have to happen at one time and place?▼

No. Section 4 BSA makes connected facts relevant whether they happened at the same place and time or at separate places and times.

Are letters that do not contain a defamatory statement still relevant under Section 4 BSA?▼

Yes. In a suit for libel in a letter, other letters between the parties on that subject and within the same correspondence are relevant under Section 4 BSA.

Are intermediate handovers of goods relevant under Section 4 BSA when delivery to the buyer is disputed?▼

Yes. When goods pass through several intermediate persons one after another, every intermediate delivery is a relevant fact under Section 4 BSA.

What is Section 4 BSA in IEA?▼

Section 6 IEA. Section 4 BSA is slightly wider than Section 6 IEA, as it covers facts linked to either a relevant fact or a fact in issue, while Section 6 IEA covered only a link to a fact in issue. The illustration also updates the word gaols to jails.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·