BSA : UNIT 2 : RELEVANCY OF FACTS

 Que: What do you mean by relevant fact?, What is the difference between Relevant fact and Fact in Issue? List the major sections that deals with relevancy of facts and so on..

Introduction

• As an advocate, while arguing in a matter in front of court, it is important to argue or give evidence for the matter which is relevant to the fact is issue.
• Such relevant facts must be legally relevant and not logically relevant. This means that whatever evidences we are giving to the court must fall under any of the provision mentioned in Bhartiya Sakshya Adhiyam 2023.
• Chapter II of Bhartiya Sakshya Adhiyam from section 3 to 50 deals with relevancy of facts.
• Thus, for our arguments to made admissible in the court of law, such argument should comply with any one or more sections from 3 to 50. This is because section 3 of Bhartiya Sakshya Adhiniyam clearly mentions that evidence can be given for fact in issue and relevant fact only. 
• There is no major change in the new evidence law that is Bhartiya Sakhshya Adhiniyam with respect to the old evidence law that is Indian Evidence act with respect to Relevancy of facts.

Meaning and Definition(s)

• Relevant fact:- As per section 2(k) of Bhartiya Sakshya Adhinitym 2023, " A fact is said to be relevant to another fact only when it is connected with the other fact in any manner referred in section 3 to section 50 of the ACT".
• For Example :- A killed B with a gun is a fact in issue. Here, if B was a business rival of A will be a relevant fact because it helps us to understand the motive of A to kill B, as motive is mentioned in section 6 of BSA.
• In simple terms, we can define relevant facts as those facts which are connected or are closely related to the fact in issue which helps the court to come to a conclusion. Such relevant fact must fall under any section from 4 to 50 of Bharitya Sakshya Adhiniyam.
• Admissions:- Admissions is defined in section 15 of Bharitya Sakhshya Adhiniyam
• Admissions are basically statements, which can be oral or written, and through which an inference can be drawn in reference to fact in issue or relevant fact.
• Section 16 of Bhartiya Sakhya Adniyam talks about who can give admissions. according to the section, it is only the parties to the suit or their agents or any person who is connected to the fact in issue is allowed to give admissions.

Theory of Relevancy

• The Theory of Relevancy is a basic principle which helps us to understand that what evidences can be given in the court.
• Section 3 of Bhariya Sakshya Adhiniyam clearly states that evidences can be given for fact in issue and relevant fact only.
• This means that such fact which is either directly connected to any fact in issue or somehow shows any relation or motive etc for the commencement of such crime will be relevant.

What falls under Relevant facts

• Same transaction : As per Section 4 of Bhartiya Sakshya Adhiniyam, all the facts which forms part of same transaction is relevant. Here same transaction means, anything said or done while happening of a crime or event. For example: If A was beating B and C & D were present in the location where the crime was happening and were talking about the incident falls under the same transaction of crime. So, their statements will be relevant.
• Occasion, Cause, Event etc : As per Section 5 of Bhartiya Sakshya Adhiniyam, the fact that the accused had the occasion, cause or opportunity to do the crime is relevant. Also, the state of things Eg marks of struggle on the floor etc is relevant.
• Preparation, Motive and Conduct : As per Section 6 of Bhartiya Sakshya Adhiniyam, a fact which shows the motive or preparation of the accused to do the crime is relevant. Even the conduct that is any action done by the accused to commit the crime is relevant.
• State of Mind, Body and bodily feelings : As per Section 12 of Bhartiya Sakshya Adhiniyam, any fact which shows the state of mind (Intention, Knowledge, Goodwill, Illwill etc) is relevant.

Statement by person who cannot be called as witness

• If a person is either Dead, or cannot be found or is incapable of giving evidence or any person who is so far away that a lot of judicial time or money will be waste on calling him/her as a witness, then any statement made by such person before his death, or being missing etc will be relevant.
• This is in reference to Section 26 of Bhartiya Sakshya Adhiniyam which talks about dying declaration. 
• The following are necessary condition for a Dying Declaration to be relevant :-

1. The declarant must be dead.
2. The question must be about the reason of his death.
3. The declaration must show the reason of his death or any transaction which resulted in his death.
4. The declarant must be in conscious state while giving declarant.

• Conviction by the court can be done on the sole basis of dying declaration as it is believed that a person who is dying will always tell the truth. 
• Nemo Moriturus Praesumitur Mentire -  A man will not meet his maker with a lie in his mouth.
• A dying declaration can be made to any person including relatives, police, a child etc as it is based on the doctrine of necessity. 

Kaushal Rao Vs State of Bombay

It is not absolute rule of law that dying declaration must be corroborated by other evidence before it can be acted upon.

R vs Abdullah

A dying declaration may be made by sign when the injured person/dying person is unable to speak.

Uka Ram Vs State of Rajasthan

A married woman, dying of burns was a person of unsound mind. The medical certificate disclosed her physical fitness for a statement(dying declaration) and did not mentioned about her state of mind at the crucial moment. The court said that the statement could not be relied upon.

How much of the statement is to be proved 

• If a statement or document contains a series of letters, conversations, books etc then there will be a lot of waste of judicial time reading the complete letters, conversations, books etc, so only those part of the letter, conversation, books etc has to be presented through which the court can understand the issue in hand.
• For Example : A accused B for Libel through his book about A. In the court during the evidence phase, only the part which contains the libel has to be presented and not the entire book. 

Relevancy of Judgements of Court

• As per Section 34 of Bhartiya Sakshya Adhiniyam, there is bar/restriction for second trial of any person who has already served the punishment for the crime. That means, if a person has already convicted for an offence and that he has served the punishment then he cannot be again sued for the same punishment for which he has served the punishment.
• However, as per Section 38 of Bharitiya Sakshya Adhiniyam, if such conviction was derived by fraud or collusion or incompetence of the court then the same person can again be convicted for the same offence which he as served the punishment.

Expert Opinion

• As per section 39(1) of Bhartiya Sakhya Adhiniyam, if a court wants to take any opinion related to any foreign law, science, art etc or about any handwriting or fingerprint impression etc then he may call any expert to deliver his opinion. Any such opinion delivered by the expert to the court is called as expert opinion. 
• As per section 39(2) of Bhartiya Sakshya Adhiniyam, if a court wants to take any opinion related to any computer or technology then the opinion will be taken from Examiner of Electronic Evidence Department which is defined in Section 79 A of Information Technology Act 2000.
• It is also worth mentioning that, if any person who's handwriting or signature has to be ascertained has pervious submitted in writing to any other person or that the other has seen him writing, then the opinion of the person who has seen the other writing or has received in written any submission from the other person will be valid as per section 41 of Bhartiya Sakshya Adhiniyam.