Section 5 of the Bhartiya Sakshya Adhiniyam, 2023: Relevance of Occasion
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Introduction
Section 5 of the Bhartiya Sakshya Adhiniyam, 2023 (BSA, 2023) deals with the relevance of
occasion in proving a fact in issue or relevant fact. This section recognizes that if an occasion is
connected to the commission of an offense or any relevant fact, it becomes admissible as
evidence.
In many criminal and civil cases, the time, place, or occurrence of an occasion can play a vital role
in establishing guilt or innocence. This section is designed to ensure that the events surrounding
an offense that form part of the same transaction are not ignored.
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Text of Section 5 of Bhartiya Sakshya Adhiniyam, 2023
"Relevance of Occasion" –
Any fact which constitutes or shows an occasion for any fact in issue or relevant fact is relevant.
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Explanation of Section 5
The section essentially means that if an event, circumstance, or occasion led to the happening of
a fact in issue or relevant fact, then that occasion becomes relevant.
Occasion: It refers to any particular event, happening, or circumstance that may have a direct or
indirect connection with the fact in issue.
The presence of a person, the happening of an event, or the occurrence of a certain situation that
leads to the crime or has a bearing on the crime is admissible as evidence.
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Illustrations
1. Example 1 (Occasion Leading to Crime)
A and B had a major argument at a party. The same night, B was found dead. The occasion of the
argument is relevant to prove the motive and possible involvement of A in the crime.
2. Example 2 (Presence at Occasion)
X invites Y to a particular place where Y is later found dead. The occasion of calling Y becomes
relevant to establish the link between X and the crime.
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Significance of Section 5
The primary objective of Section 5 is to:
Link the accused to the crime through the occasion.
Prove motive, intention, and planning through the relevant occasion.
Provide corroborative evidence in cases where direct evidence is missing.
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Case Laws on Section 5
Here are some landmark case laws interpreting the relevance of occasion under Section 5:
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1. Emperor v. Abdul Hamid (1915)
Facts:
In this case, the accused was charged with murder. Evidence showed that the deceased was last
seen with the accused during a marriage function (occasion).
The occasion of the marriage was deemed relevant to link the accused with the deceased.
Judgment:
The court held that the last-seen theory can be strengthened if an occasion shows the presence of
the accused with the deceased.
The occasion of marriage was relevant under the Indian Evidence Act (now Section 5 of BSA,
2023).
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2. State of Karnataka v. K. Yarappa Reddy (1999)
Facts:
The accused was seen near the scene of the crime during a festival.
The prosecution relied on the occasion of the festival to connect the accused to the crime.
Judgment:
The Supreme Court held that any fact showing the occasion leading to the commission of an
offense is relevant under the law.
The occasion provided a strong corroborative link to the crime.
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3. Narsinbhai Haribhai Prajapati v. Chhatrasinh (2016)
Facts:
The deceased was invited to the accused's housewarming party. After the party, the deceased
went missing and was later found dead.
The prosecution argued that the occasion of the party was relevant to connect the accused with
the crime.
Judgment:
The Supreme Court ruled that the occasion of the party was relevant under evidence law.
The court emphasized that any occasion linked to the fact in issue becomes relevant and
admissible.
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Importance of Section 5 in Criminal Cases
Establishes a chain of events linking the accused to the crime.
Helps in proving the motive, preparation, and conduct through the occasion.
Acts as a strong supporting circumstantial evidence when direct evidence is unavailable.
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Absence of Occasion
If the prosecution fails to prove any occasion that connects the accused to the crime, the case
may weaken. However, if an occasion directly or indirectly relates to the crime, it can significantly
strengthen the prosecution's case.
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Conclusion
Section 5 of the Bhartiya Sakshya Adhiniyam, 2023 emphasizes the relevance of occasions in
proving facts in issue or relevant facts. It allows the court to consider any event, circumstance, or
occasion that may provide insight into the commission of a crime. Various judgments have clarified
that proving an occasion often becomes a pivotal factor in establishing the guilt or innocence of an
accused, especially in circumstantial evidence cases. Hence, occasions are treated as relevant
facts under evidence law.
Section 6 of the Bhartiya Sakshya Adhiniyam, 2023: Motive, Preparation, and Previous or
Subsequent Conduct
Introduction: Section 6 of the Bhartiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023)
deals with the relevance of motive, preparation, and previous or subsequent conduct of a person
in relation to any fact in issue or relevant fact. This section is a significant provision in evidence
law because it helps in establishing a link between the accused and the offense, thereby assisting
the court in arriving at a logical conclusion.
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Text of Section 6 of Bhartiya Sakshya Adhiniyam, 2023
"Motive, preparation, and previous or subsequent conduct" –
The section states that any fact showing the existence of any motive or preparation for any fact in
issue or relevant fact, or conduct influenced by any fact in issue or relevant fact or showing the
effect of any such fact, is relevant.
The conduct may be influenced by the fact or may show the effect of any such fact.
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Explanation of Section 6
The section recognizes that:
Motive: The reason why a person commits a particular offense.
Preparation: The actions taken by a person in preparation to commit an offense.
Conduct: The behavior of a person before, during, or after the commission of an offense.
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1. Motive
Definition:
Motive is the reason or cause that induces a person to do or not to do something. In criminal
cases, proving the motive can be crucial as it helps establish a link between the accused and the
crime.
Example:
A owes money to B. If B is found dead and A is accused, the fact that A had a motive (financial
dispute) becomes relevant.
Case Law:
1. Subedar Tiwari v. State of Uttar Pradesh (1989) – The Supreme Court held that the absence of
motive is not fatal to the prosecution case if there is strong direct evidence, but where
circumstantial evidence exists, proving motive becomes important.
2. State of Maharashtra v. Damu (2000) – It was held that proving motive strengthens the
prosecution's case.
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2. Preparation
Definition:
Preparation includes all acts done by a person to facilitate the commission of an offense but not
the act itself. Preparation alone does not constitute a crime but is relevant evidence.
Example:
Purchasing poison before a planned murder.
Buying a weapon or creating a fake alibi.
Case Law:
1. Kashmira Singh v. State of Madhya Pradesh (1952) – The Supreme Court held that evidence of
preparation, such as the purchase of a weapon or poison, is relevant to show intention to commit a
crime.
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3. Previous or Subsequent Conduct
Definition:
Conduct refers to a person's behavior before, during, or after the commission of an offense. The
conduct can show:
Guilt: Running away from the crime scene, attempting to destroy evidence, abnormal behavior.
Innocence: Reporting the crime to the police, providing evidence, normal behavior.
Example:
Previous Conduct: The accused was seen stalking the victim days before the murder.
Subsequent Conduct: The accused fled from the scene or tried to destroy evidence.
Case Law:
1. Queen Empress v. Abdullah (1885) – The court held that conduct after the crime, like
absconding, destroying evidence, or giving false information, is relevant under the Indian Evidence
Act (now Section 6 of BSA, 2023).
2. State of Maharashtra v. Suresh (2000) – The Supreme Court held that the conduct of pointing
out the place of the crime or recovering the weapon can be treated as relevant conduct.
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Legal Analysis
Motive itself is not proof of a crime but strengthens the prosecution's case.
Preparation shows the accused's intention and acts towards committing the offense.
Conduct before or after the crime can indicate guilt or innocence.
However, absence of motive or preparation does not automatically mean the accused is innocent.
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Conclusion
Section 6 of the Bhartiya Sakshya Adhiniyam, 2023 plays a critical role in establishing links
between the accused and the crime by admitting evidence of motive, preparation, and conduct.
Courts have consistently relied on these factors to infer guilt or innocence, especially in cases
based on circumstantial evidence. The section ensures that indirect evidence like motive,
preparation, and conduct is not ignored, helping the court in delivering justice.
