Facts Which Are the Occasion, Cause or Effect (s. 5) — BSA (Law of Evidence) Notes

Facts Which Are the Occasion, Cause or Effect (s. 5)

Every year the examiner sets the same trap: “B went to a fair carrying money and showed it around; then B was robbed — is that relevant?” Students see “money” and “before the crime” and shout preparation, s. 6! They are wrong. Preparation under s. 6 is by the accused. B is the victim. The right section is s. 5, and this one repeated fact pattern has appeared in six papers.

Some facts are relevant simply because they set the stage for the crime, or caused it, or were its result. Section 5 [IEA s. 7] gathers this whole family of “surrounding facts”. Unlike res gestae (s. 4), which needs the fact to be part of the transaction, s. 5 reaches facts connected with but outside the transaction — the scaffolding around the event.

Section 5 makes relevant any fact that is:

The occasion of a fact in issue — the state of things that gave rise to it or set the scene. B showing his money at the fair is the occasion of the robbery: it explains why B, of all people, was targeted.
The cause of a fact in issue — what brought it about.
The effect of a fact in issue — what it left behind: marks, injuries, traces. Marks on the ground from a struggle near the murder spot are relevant as the effect of the crime.
A fact that afforded an opportunity for it — e.g. the victim’s habits, known to the accused, that gave him the chance to act.
A fact constituting the state of things under which it happened.

Why the rule exists. A crime does not float free; it grows out of a situation and leaves marks. Letting the court see the occasion, cause and effect helps it understand the event as a whole and test whether the accused’s version fits.

The recurring distinction you must state. Occasion (s. 5) is not preparation (s. 6). Preparation is something the accused does to get ready to commit the crime (buying poison). Occasion is a fact — often about the victim — that furnishes the setting or opportunity for the crime. Money shown by the victim is the occasion; poison bought by the accused is preparation.

🧩 WORKED EXAMPLE — occasion, not preparation

Facts. The question is whether A robbed B. Shortly before the robbery, B went to a fair carrying money and showed it, or mentioned it, to third persons. Is that fact relevant?

Rule. Section 5 makes relevant a fact that is the occasion of, or afforded an opportunity for, the fact in issue. Preparation under s. 6 is confined to acts of the accused.

Apply. B’s display of money is not something A did to prepare; it is a fact about the victim that created the occasion and opportunity for the robbery — it explains the setting in which A struck.

Conclusion. The fact is relevant under s. 5 (occasion / opportunity), matching Illustration (a) to the section.

Decoy. Calling it “preparation under s. 6” is the planted error — preparation is by the accused, and B is the victim.

Section 5, BSA 2023: “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: Facts that set up the crime (occasion), brought it about (cause), resulted from it (effect), or gave the chance for it (opportunity) are all relevant. They are the circumstances surrounding the event, just outside the transaction itself.

flowchart TD
    ROOT["Fact in issue (the crime)"]:::root
    ROOT --> A["OCCASION<br/>state of things / setting<br/>(B shows money at fair)"]:::leaf
    ROOT --> B["CAUSE<br/>what brought it about"]:::leaf
    ROOT --> C["EFFECT<br/>traces left behind<br/>(struggle marks on ground)"]:::leaf
    ROOT --> D["OPPORTUNITY<br/>chance to commit it"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Rattan Singh vs State of Himachal Pradesh (1997) — surrounding circumstances (the presence of the accused with a gun at the victim’s courtyard at night) were relevant as the occasion and state of things under which the shooting occurred.
The section is largely applied through its statutory illustrations: money shown by the victim (occasion), struggle-marks on the ground (effect), and the victim’s habits known to the accused (opportunity).

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