Section 7 BSA: Facts necessary to explain or introduce fact in issue or relevant facts

Section 7 BSA Bare Act Text

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.

Source: Section 7, Bharatiya Sakshya Adhiniyam, 2023

Section 7 BSA in Simple Words

When Section 7 BSA Applies

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

Example of Section 7 BSA

When Section 7 BSA Does Not Apply

• Facts that go beyond what is needed to explain, introduce, support or counter an inference, identify a person or thing, set time or place, or show the relation of parties are not relevant.
• In a libel dispute, the specific details of a quarrel between the parties over an unrelated matter are irrelevant, even if the existence of a quarrel helps show how the parties stood with each other.
• When urgent business is used to explain why an accused person left home suddenly, further details of that business are not relevant unless needed to show that the business was sudden and urgent.

Section 7 BSA in the IEA (Previous Law)

FAQs on Section 7 BSA

Sections Related to Section 7 BSA