Section 5 BSA: Facts which are occasion, cause or effect of facts in issue or relevant facts

Bharatiya Sakshya Adhiniyam, 2023

Section 5 BSA at a Glance

Section 5 BSA deals with facts which are occasion, cause or effect of facts in issue or relevant facts. It replaced Section 7 IEA on 1 July 2024.

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Section 7 →

Section 5 BSA Bare Act Text

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.

Source: Section 5, Bharatiya Sakshya Adhiniyam, 2023

Section 5 BSA in Simple Words

Section 5 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party prove the surrounding circumstances of a disputed event in court. Applying from 1 July 2024, the rule covers facts tied to facts in issue (the main disputed questions in a case) or to other relevant facts (facts connected under the Adhiniyam).

Under Section 5 BSA, a fact is relevant when it was the occasion, the cause, or the effect of a disputed fact or another relevant fact. This link may be immediate or indirect. Visiting a fair with money and telling others shortly before a robbery shows the occasion. Marks on the ground produced by a struggle near a murder scene are relevant as an effect.

Section 5 BSA also covers the background state of things in which the event happened. In a suspected poisoning case, the health of the victim before symptoms began shows that state of things. In addition, any fact that gave an opportunity for the event or transaction to take place is relevant, such as routine habits of the victim that were known to the accused person.

When Section 5 BSA Applies

  • 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.
  • Applies whether the occasion, cause, or effect is direct or indirect.
  • Applies when a fact shows the state of things in which the disputed or relevant event took place.
  • Applies when a fact shows that an opportunity existed for the event or transaction to take place.

Example of Section 5 BSA

In September 2024, a court in Pune hears a trial against Farhan for stealing cash from an office cabin used by Priya. The prosecution offers proof that Priya counted cash at an open desk earlier that afternoon while Farhan waited inside the cabin. The prosecution also offers proof that a drawer lock in the cabin was found bent right after the theft. Under Section 5 BSA, seeing the cash counted is relevant as showing an opportunity for the theft, and the bent lock is relevant as an effect of forcing the drawer in the office cabin.

Section 5 BSA in the IEA (Previous Law)

Section 5 BSA replaces Section 7 IEA from the old criminal code.

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".

FAQs on Section 5 BSA

What is Section 5 BSA?▼

Section 5 of the Bharatiya Sakshya Adhiniyam, 2023 is the provision that makes the occasion, cause, or effect of a disputed or relevant fact relevant in court. It also covers the state of things in which the event happened and facts that gave an opportunity for it to occur.

Does Section 5 BSA cover indirect causes and effects?▼

Yes. Section 5 BSA makes an occasion, cause, or effect relevant whether its connection to the fact in issue or relevant fact is immediate or indirect.

Can physical marks at a crime scene be proved under Section 5 BSA?▼

Yes. Marks left on the ground by a struggle at or near the murder scene are relevant under Section 5 BSA as an effect of the struggle.

What is Section 5 BSA in IEA?▼

Section 7 IEA is the earlier provision corresponding to Section 5 BSA. The wording of the rule did not change on 1 July 2024, while the heading in the Adhiniyam adds a reference to relevant facts.

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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 ·