Relevancy of Facts under Bharatiya Sakshya Adhiniyam, 2023
(Previously under the Indian Evidence Act, 1872)
Introduction
The law of evidence plays a crucial role in the administration of justice. It determines which facts may be proved before a court and how such facts are to be established. Under Indian law, the concept of relevancy of facts forms the foundation of evidentiary rules.
With the repeal of the Indian Evidence Act, 1872, the law relating to evidence is now governed by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Although the structure of the law remains largely similar, it has been modernised to meet contemporary legal requirements.
Meaning of Relevancy of Facts
A fact is said to be relevant when it has a logical connection with the fact in issue and helps the court in arriving at a conclusion. Not all facts are admissible in evidence; only those facts which are relevant under the provisions of the Bharatiya Sakshya Adhiniyam may be proved.
Relevancy acts as a filter, ensuring that only meaningful and connected facts are placed before the court.
Facts in Issue and Relevant Facts
Facts in Issue are those facts which must be proved or disproved to determine the existence of a legal right or liability.
Relevant Facts are those facts which are connected with the facts in issue in such a manner as recognised by law.
Under BSA, relevancy continues to be governed by specific statutory provisions, ensuring certainty and consistency in judicial proceedings.
Same Transaction – Doctrine of Res Gestae
Facts forming part of the same transaction are relevant even if they occurred at different times and places, provided they are so connected as to form a single transaction.
Case Law:
R v. Smith (1915) 11 Cr App R 229
The court held that if an incident forms part of a continuous transaction, the surrounding circumstances may be considered relevant, even if not directly in issue.
This principle prevents artificial separation of events that naturally belong together.
Motive, Preparation and Conduct
Facts showing motive, preparation, or conduct of any party are relevant if they help explain the facts in issue.
● Motive explains why a person acted.
● Preparation shows planning before the act.
● Conduct reflects behaviour before or after the occurrence.
These facts assist the court in understanding the probability of the occurrence.
Conspiracy
Where two or more persons conspire to commit an offence, anything said, done, or written by any one of them in reference to their common intention is relevant against all.
This principle recognises the collective nature of conspiratorial acts.
Similar Facts
Facts which show a similar pattern of conduct may be relevant in certain circumstances, particularly when they help establish intention, knowledge, or absence of accident.
However, such facts must be approached cautiously to avoid prejudice.
Section on Existence of Course of Business (BSA)
Facts relating to the existence of any course of business are relevant when there is a question whether a particular act was done.
Explanation :
When it is questioned whether an act was done, the existence of a course of business according to which it naturally would have been done is a relevant fact.
This provision gives evidentiary value to routine practices, such as:
● Office procedures
● Business transactions
● Official conduct
It helps courts infer probability based on normal human and institutional behaviour.
Evidentiary Value of Business Practices
The law attaches evidentiary value to normal business routines because people generally act according to established habits and practices. Courts rely on this principle to assess whether an act was likely to have occurred in the ordinary course of business.
Conclusion
The provisions relating to relevancy of facts under the Bharatiya Sakshya Adhiniyam, 2023 continue to uphold the fundamental principles of evidence law while adapting to modern legal needs. By defining the scope of admissible facts, the Act ensures fairness, clarity, and reliability in judicial proceedings.
The law of evidence is not exhaustive in itself and continues to evolve through judicial interpretation. Its proper application is essential to ensure fair trials and just judgments.
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