Slide 2: Introduction
In any trial or legal proceeding, facts are the foundation upon which justice is built.
The Bharatiya Sakshya Adhiniyam, 2023, which replaces the Indian Evidence Act, 1872,
defines which facts are relevant and admissible in court.
One important category of relevant facts is — facts which are the occasion, cause, or effect
of facts in issue or relevant facts.
These are discussed under Section 5 of the BSA, 2023, and play a key role in helping the
court understand the background and surrounding circumstances of a case.
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Slide 3: Section 5 – Meaning
Section 5 of the BSA, 2023 states:
> “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.”
In simple terms, these are facts that explain how, why, or in what situation the main facts of
the case occurred.
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Slide 4: Breaking it Down – Types
Let’s break this down into parts:
1. Facts which are the occasion
These are surrounding circumstances or situations that existed when the main fact occurred.
Example: A crowd gathered at the spot just before a murder — the crowd is the occasion.
2. Facts which are the cause
These are facts that led to the happening of the fact in issue.
Example: A fight that broke out before the assault — the fight is the cause.
3. Facts which are the effect
These are consequences or results of the fact in issue.
Example: A person ran away bleeding after being attacked — this is the effect of the assault.
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Slide 5: Importance in Evidence
These types of facts are relevant because:
They help in forming a complete narrative of events.
They provide context to the court.
They often support or contradict the facts in issue.
Without these, the facts in issue may appear disconnected or confusing.
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Slide 6: Illustration (Hypothetical Case)
Suppose person A is on trial for setting fire to B’s house.
The fact in issue is whether A set fire to the house.
Now, these could be relevant:
A bought petrol nearby (cause)
Neighbors saw smoke and came running (effect)
B had threatened A earlier (occasion)
All these facts form a chain of events around the main incident.
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Slide 7: Case Law Example
Let’s consider a relevant case from past legal interpretation (based on principles now in
BSA):
R. v. Richardson (1817):
In this case, the court allowed facts about what happened before and after the main incident
to be used as relevant facts — like what was said before the attack and what the accused
did after the act.
Even though this case was under common law, the same principle is retained in Indian law,
and now carried forward in Section 6 of the BSA, 2023.
🧑⚖️ Case: State of Karnataka v. K. Sudhakara (2023) 3 SCC 256
Background:
In this case, the accused was charged with a serious offense. The prosecution presented
circumstantial evidence surrounding the crime scene, including events leading up to and
following the incident.
Relevance to Section 5 of BSA, 2023:
The Supreme Court held that the circumstantial evidence around the crime scene was
admissible under Section 5, as it constituted facts that were the occasion, cause, or effect of
the facts in issue. This allowed the court to consider the broader context of the incident,
providing a cohesive narrative that linked the accused to the crime.
Significance:
This case underscores the importance of considering surrounding circumstances that set the
stage for the main incident. Such facts provide context and can be crucial in establishing
motive or intent, thereby aiding the court in arriving at a just conclusion.
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Slide 8: Legal Impact
Section 5 plays a crucial role in:
Framing logical arguments
Supporting circumstantial evidence
Proving motive, preparation, or consequences
This section helps judges and juries see the bigger picture.
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Slide 9: Conclusion
To conclude, facts which are the occasion, cause, or effect of facts in issue are vital under
the Bharatiya Sakshya Adhiniyam, 2023, especially in understanding the context in which
events occurred.
Section 5 allows courts to admit facts that are connected in a meaningful way to the main
facts, enabling a more complete and fair analysis of the case.
In short, such facts ensure that truth is not judged in isolation, but with the complete story in
view.
