Bharatiya Sakshya Adhiniyam, 2023
BSA Section 5
Facts which are occasion, cause or effect of facts in issue or relevant facts
In one line
BSA Section 5 deals with facts which are occasion, cause or effect of facts in issue or relevant facts and replaces Evidence Act 7.
Bare act text — BSA 5
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.
What changed from the Evidence Act
- Evidence Act 7 → BSA 5: Words "or relevant facts" added in heading.
Frequently asked
What was BSA Section 5 in the Evidence Act?
BSA Section 5 (Facts which are occasion, cause or effect of facts in issue or relevant facts) replaces Section 7 of the Indian Evidence Act, 1872. Evidence Act 7 is now BSA 5.
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Nearby BSA sections
- BSA 1 — Short title, application and commencement
- BSA 2 — Definitions
- BSA 3 — Evidence may be given of facts in issue and relevant facts
- BSA 4 — Relevancy of facts forming part of same transaction
- BSA 6 — Motive, preparation and previous or subsequent conduct
- BSA 7 — Facts necessary to explain or introduce fact in issue or relevant facts
- BSA 8 — Things said or done by conspirator in reference to common design
- BSA 9 — When facts not otherwise relevant become relevant
- BSA 10 — Facts tending to enable Court to determine amount are relevant in suits for damages