Section 7 IEA: Facts which are the occasion, cause or effect of facts in issue
Indian Evidence Act, 1872
Section 7 IEA at a Glance
Section 7 IEA deals with facts which are the occasion, cause or effect of facts in issue. From 1 July 2024 it is replaced by Section 5 BSA.
Section 7 IEA Bare Act Text
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.
Source: Section 7, Indian Evidence Act, 1872
Section 7 IEA in Simple Words
Section 7 of the Indian Evidence Act, 1872 lets a party prove the surrounding circumstances of a disputed event in court. The provision covers facts connected to facts in issue (the main disputed questions in a case) or to other relevant facts (facts already connected under the Act).
Under Section 7 IEA, a fact is relevant when it forms the occasion, the cause, or the effect of a disputed fact or another relevant fact. That connection can be immediate or indirect. Going to a fair with money and mentioning it to others shortly before a robbery shows the occasion of the crime. Marks left on the ground by a struggle near a murder spot are relevant as an effect.
Section 7 IEA also makes relevant the background state of things in which the event took place. In a poisoning case, the prior health of the victim before symptoms appeared shows that background state. Finally, any fact that gave an opportunity for the event or transaction to occur is relevant, such as routine habits of the victim that were known to the accused person.
When Section 7 IEA 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 background 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 occur.
Example of Section 7 IEA
Section 7 IEA in the BSA
Section 7 IEA is now covered under Section 5 BSA.
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".
View detailed comparison (IEA 7 vs BSA 5) →FAQs on Section 7 IEA
What is Section 7 IEA?▼
Section 7 of the Indian Evidence Act, 1872 is the rule that makes surrounding circumstances of a disputed or relevant fact relevant in court. It covers the occasion, cause, or effect of the fact, the background state of things, and facts that gave an opportunity for the event to happen.
Does a cause or effect have to be immediate to be relevant under Section 7 IEA?▼
No. Section 7 IEA makes an occasion, cause, or effect relevant whether its connection to the fact in issue or relevant fact is immediate or indirect.
Are the routine habits of a victim relevant under Section 7 IEA?▼
Yes. When the habits of a victim were known to the accused person and gave an opportunity to carry out the act, Section 7 IEA makes those habits relevant.
What is Section 7 IEA in BSA?▼
Section 5 BSA replaced Section 7 IEA on 1 July 2024 without any change in the wording of the rule. The heading of Section 5 BSA was updated to mention relevant facts alongside facts in issue.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·