Evidence, Facts & Relevancy — KSLU Bsa Notes

Evidence, Facts & Relevancy

The Bharatiya Sakshya Adhiniyam, 2023 (replacing the Indian Evidence Act, 1872) defines “evidence” to include oral evidence (statements of witnesses), documentary evidence (documents, including electronic records), and now expressly electronic and digital records. The Act turns on two ideas: a “fact in issue” (a fact the existence of which is in dispute and on which the right or liability depends) and a “relevant fact” (a fact connected to a fact in issue in one of the ways the Act lays down). A fact is legally relevant only if it falls within Ss.3–50; relevancy is a question of logic and connection, while admissibility is the legal rule about whether a relevant fact may actually be received.

flowchart TD
    A["A fact is RELEVANT if it is…"]:::root
    A --> B["Part of the same transaction —<br/>RES GESTAE (S.4)"]:::leaf
    A --> C["Occasion, cause, effect,<br/>motive, preparation, conduct (Ss.5-6)"]:::leaf
    A --> D["Statements by conspirators (S.8)"]:::leaf
    A --> E["Facts showing state of mind /<br/>similar facts (Ss.9-14)"]:::leaf
    A --> F["ADMISSIONS (Ss.15-21)"]:::leaf

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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

The doctrine of res gestae (S.4, ← IEA S.6) makes relevant facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction — they must be contemporaneous and spontaneous, made without opportunity to fabricate. Motive, preparation and conduct (S.6), facts necessary to explain or introduce relevant facts, and similar-fact evidence (to show intention, knowledge or system, Ss.9–14) are all separately made relevant.