Abstract
The Bharatiya Sakshya Adhiniyam (BSA) is the core legislation regarding the admissibility of evidence in Indian courts. The Act gives guidelines on how to decide the relevancy of facts, which is vital in determining the guilt or innocence of an accused. This article explores the history of the BSA, discussing different sections addressing the relevancy of facts.
Facts not on issue can assist in establishing facts on issue. They are employed as a basis for inferences regarding facts in issue. As per Stiphen the term ‘relevant’ means that, “Any two facts to which it is applied are so related that according to the common course of events one either taken by itself or in connection with some other facts proves or renders probable the past, present or future existence or non-existence of the other”.
Background and Objectives
BSA was legislated for the consolidation and amendment of the law of evidence in India. The Act seeks to establish a logical and exhaustive basis for the admission of evidence into courts. The BSA has three parts: Part I is concerned with facts of relevancy, Part II with the exclusion of evidence, and Part III with the production and effect of evidence. BSA was brought into being to redress the complexity and archaic provisions of the Indian Evidence Act, 1872, that had been around for more than a century. BSA continues to have most of the provisions of the former act, such as those pertaining to confessions, relevancy of facts, and burden of proof, but brings in reforms such as making electronic records classifiable as primary evidence. This transition is important in the modern age of technology so that evidence presented through smartphones and laptops is accorded the same value as historical documents. The act is sectioned into three, with Part I covering introductory definitions, Part II covering relevancy of facts, and Part III covering the production and impact of evidence.
Introduction
Relevancy of fact under BSA refers to the relationship between two facts as cause and effect. Chapter 2 of The Bhartiya Sakshya Adhiniyam 2023. It is a relationship between two facts in such a manner that the occurrence of one fact renders the occurrence of the second fact likely or unlikely. This is referred to as logical relevancy based on deductive reasoning. Relevance of fact is that under which the fact is connected to the fact in issue or a relevant fact in one or the other manner described in BSA.
Section 2(1)(K) of the Bhartiya Sakshya Adhiniyam, 2023 defines a relevant fact, which states that a fact shall be regarded as relevant if it is linked to another fact set out in Sections 4 to 50 of the BSA. This linkage assists in confirming or refuting the facts in question. Relevance is concerning how one fact affects the probability or improbability of another fact, which is usually discerned by means of rational thinking.
The chapter “Relevancy of Facts” can be regarded as a means to determine facts suitable for the case, but there is a distinction between relevant facts and admissible facts.
The theory of relevancy is founded on logic and probability. The admissibility question is determined on the basis of prevailing laws.
• A is indicted for murdering B by beating him with a club with intent to
cause his death.
Upon trial of A, the following facts are in issue:
A’s beating B with the club;
A’s killing B by such beating;
A’s intent to kill B.
• A killed C, and B wish to extort money from A and B knew that A killed C. B will
Extort money by threatening to reveal his murder act.
fact that A killed C, that B was aware that A had killed C, and that B had attempted to extort money from A by threatening to reveal his knowledge, are pertinent
Key Elements of Relevancy of Facts
Connection: Two facts are related in a manner that the existence of one point makes the other’s existence more or less probable.
Legal Framework: BSA sections 4 to 50 demonstrate how facts need to be related with other facts in order to be relevant.
Logical Reasoning: Relevance is established on the basis of deductive logic and how one factor affects another.
Admissibility of Facts
Admissibility of facts hinges on strict legal rules and not logical reasoning. It pertains to the acceptability of the evidence for establishing a specific fact in any proceeding.
As per Section 141 of BSA, evidence is admissible only when it is relevant and properly established. Admissibility is with regard to the legal criteria for evidence, such as whether or not it complies with procedural rules and legal norms.
When any party offers to produce evidence of any fact, the Judge may require the proposing party to state in what way the alleged fact, if established, would be relevant; and the Judge shall receive the evidence if he believes that the fact, if established, would be relevant, and otherwise not.
Exceptions to Relevancy of Facts
Courts can disallow relevant evidence if its probative value (its power to establish a fact) is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, or the unnecessary admission of cumulative evidence. All logically relevant facts are not legally relevant.
Section 3 of The Bharatiya Sakshya Adhiniyam,2023(BNS) limits admissibility to only facts that are specifically stated to be relevant by law. Therefore, facts that may logically appear to be relevant but are not legally relevant are not admitted in court.
Relevancy of Facts in Civil Cases
In civil cases, the relevancy of facts plays a vital role in determining the rights and liabilities of parties. For instance:
– The fact that the defendant was negligent in their duty of care is pertinent to proving liability in a negligence case.
– The fact that a party did not fulfill their contractual obligations is pertinent to assessing damages in a contract case.
Relevancy of Facts in Criminal Cases
In criminal cases, relevancy of facts is paramount in proving the guilt or innocence of the accused. For instance:
– In a trial for murder, the accused’s motive to kill the victim is pertinent in proving intent.
– In a case of theft, the accused’s possession of stolen property is pertinent in proving guilt.
Illustrations and Examples
To demonstrate the use of these sections, look at the following examples:
– In a trial for murder, the accused’s motive to kill the victim is relevant under Section 9. For example, if the accused had a history of enmity with the victim, such a fact would be relevant in proving motive.
– In a dispute over a contract, the fact that there was a prior agreement between the parties is admissible under Section 7. For instance, if there was a previous contract between the parties which was identical to the contract in dispute, such a fact would be relevant in establishing the context of the present contract.
– In a case of theft, the accused’s presence in the vicinity of the crime is relevant under Section 6. For example, if a witness would testify that he saw the accused hanging around where the theft took place, this fact would be relevant in proving the accused’s presence in the vicinity.
Conclusion
Relevancy of facts is an important part of Indian law of evidence. The BSA lays down a comprehensive scheme for testing the relevancy of facts, and its sections address different issues of relevancy. Lawyers, judges, and law enforcement officials must know about the relevancy of facts so that justice may be delivered. Through the principles of relevancy, courts can make sure that only relevant evidence is accepted, and the criminals are punished.
The BSA is a strong paradigm for deciding on the pertinence of facts, which are defined by Sections 3 to 14, so that logically related and legally acceptable evidence only are taken into account during a trial. This is a method for ensuring equitable trials through the balancing of logical probability and legal requirements, according to Section 141, and thus forms a cornerstone for Indian court proceedings on or before April 12, 2025.
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