Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Relevancy of Facts and Evidence of Facts in Issue under BSA 2023

Updated 11 October 2026 · Fact-checked

Under section 3 of the Bharatiya Sakshya Adhiniyam, 2023, evidence may be given only of facts in issue and facts the Adhiniyam declares relevant. To solve a question, identify the fact in issue, find the section that makes the other fact relevant (sections 4, 6, 7), apply it to the facts, and conclude.

Understand Relevancy of Facts and Evidence of Facts in Issue

Every case turns on a few disputed points. These are the facts in issue. Section 3 says evidence may be given of every fact in issue and of other facts declared relevant by the Adhiniyam, "and of no others". This keeps the trial focused and stops parties from burying the court in unrelated material.

A relevant fact is not itself in dispute, but it helps the court decide a fact in issue. The Adhiniyam lists when a fact is relevant. Section 4 covers facts forming part of the same transaction. Section 6 covers motive, preparation and conduct. Section 7 covers facts that explain or introduce a fact in issue or relevant fact, such as identity, time, place and relation of parties.

Section 4 is the rule often called res gestae. Facts so connected with a fact in issue or a relevant fact that they form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places. What was said or done by A, B or bystanders at the beating, or so shortly before or after it as to form part of the transaction, is relevant. The word "res gestae" is not used in the section, so describe it as the doctrine behind section 4.

Section 6 has two parts. Under section 6(1), any fact showing or constituting a motive or preparation for a fact in issue or relevant fact is relevant. Under section 6(2), the conduct of a party or its agent, and the conduct of a person against whom an offence is the subject of the proceeding, is relevant if it influences or is influenced by a fact in issue or relevant fact, whether previous or subsequent. Statements are not "conduct" unless they accompany and explain acts other than statements.

Relevancy and admissibility are different. Relevancy asks whether a fact has a legal connection with the issue. Admissibility asks whether the court will actually receive the evidence. Under section 141, the Judge decides admissibility and admits evidence if the fact, if proved, would be relevant, and not otherwise. Section 3 also says it does not let a person prove a fact that civil procedure law bars him from proving. Judgments, orders and decrees outside sections 34, 35 and 36 are irrelevant under section 37 unless their existence is a fact in issue or relevant under another provision.

Key rules to remember

Section 3: the basic rule: Evidence = facts in issue + facts declared relevant by the Adhiniyam, and no others; The Explanation bars proof of a fact that the law of civil procedure disentitles a person to prove. Illustration (b): a bond not produced at the first hearing can be produced later only as the Code of Civil Procedure, 1908 allows.
Section 4: same transaction (res gestae): Fact connected with a fact in issue or relevant fact so as to form part of the same transaction = relevant, at any time and place; The test is connection with the transaction, not same time or place.
Section 6(1): motive and preparation: Fact showing or constituting motive or preparation for a fact in issue or relevant fact = relevant; Example: A procured poison similar to that given to B before B's death.
Section 6(2): conduct: Conduct that influences or is influenced by a fact in issue or relevant fact = relevant, whether previous or subsequent; Covers conduct of a party, its agent, and the person against whom an offence is the subject of the proceeding.
Section 6, Explanations 1 and 2: Statements are not conduct unless they accompany and explain acts other than statements; a statement made to or in the presence and hearing of a person, which affects his conduct, is relevant; Explanation 1 does not affect relevancy of statements under other sections.
Section 7: explaining facts: Facts that explain or introduce, support or rebut an inference, establish identity, fix time or place, or show relation of parties = relevant so far as necessary; The words "in so far as they are necessary" limit the rule.
Section 141: admissibility decided by the Judge: Judge admits evidence if the fact, if proved, would be relevant, and not otherwise; Under section 141(2), if evidence is admissible only on proof of another fact, that fact is proved first, unless the party undertakes to prove it and the Court is satisfied.
Section 37: other judgments: Judgments, orders and decrees other than those in sections 34, 35 and 36 are irrelevant, unless their existence is a fact in issue or relevant under another provision; Illustration (c): a decree for possession is relevant to show motive for the murder of the decree-holder.

How to solve Relevancy of Facts and Evidence of Facts in Issue questions

Use this order for any problem question on relevancy. It follows the ICSI style: provision, application, conclusion.

1Identify the fact in issue. Write it in one line, for example whether A caused B's death.
2List each fact the question asks you to test. Treat each separately.
3Ask whether the fact is itself in issue. If yes, section 3 makes it provable.
4If not, match it to a relevancy section: same transaction (section 4), motive, preparation or conduct (section 6), or explanation, identity, time, place or relation (section 7).
5Check the conditions. For conduct, is it a statement? If so, apply Explanation 1 to section 6. For a judgment, apply section 37.
6Check any bar from section 3 Explanation (civil procedure) and the judge's role under section 141.
7Conclude clearly: relevant or not, and under which section.
8Quote the section number and cite the illustration only if it fits closely.

Quickest way: Three-question filter

When to use it: Use it when time is short or you must classify many facts in one answer.

Question 1: Is the fact in issue? If yes, section 3 applies.
Question 2: Is it linked by transaction, motive, preparation, conduct or explanation? Pick the matching section (4, 6 or 7).
Question 3: Is there a special bar, such as a statement that is not conduct or an unrelated judgment under section 37? If yes, say it is not relevant under that section.
Write one line each: rule, fact, conclusion.

Common mistakes in Relevancy of Facts and Evidence of Facts in Issue

Treating relevancy and admissibility as the same thing
Both words are used loosely in daily speech.
Fix: Say relevancy is the legal connection with the issue, while admissibility is the court's decision to receive the evidence under section 141. Relevant facts may still be barred by another rule.
Saying section 4 needs the same time and place
Students learn res gestae as 'part of the event'.
Fix: State that section 4 makes facts relevant whether they occurred at the same time and place or at different times and places, if they form part of the same transaction.
Treating every statement as conduct under section 6
Students read conduct as anything a person says or does.
Fix: Quote Explanation 1: conduct does not include statements unless they accompany and explain acts other than statements. Check other sections for relevancy of the statement.
Treating every earlier judgment as relevant
A judgment feels like strong proof.
Fix: Apply section 37. Judgments outside sections 34 to 36 are irrelevant unless the judgment itself is a fact in issue or relevant under another provision, as in motive or previous conviction.
Giving unlimited detail under section 7
Students ignore the limiting words.
Fix: Add that facts are relevant only in so far as necessary. In the illustration of A leaving home on urgent business, the details of the business are not relevant beyond showing it was sudden and urgent.
Citing sections from the old Evidence Act
Many reference books still use the old numbering.
Fix: Use Bharatiya Sakshya Adhiniyam, 2023 numbering only: sections 3, 4, 6, 7, 37 and 141.

Worked examples

Example 1

A is tried for the murder of B by poison. Before B's death, A bought poison similar to that given to B. A also left the town soon after B's death. Discuss the relevancy of these facts under the Bharatiya Sakshya Adhiniyam, 2023.

Show the solution

The fact in issue is whether A caused B's death by poison. Under section 3, evidence may be given of facts in issue and facts declared relevant.
A's purchase of similar poison before B's death is preparation for the fact in issue. Section 6(1) makes any fact showing preparation relevant. This matches illustration (c) to section 6.
A's leaving the town after the death is subsequent conduct. Section 6(2) makes conduct relevant if it influences or is influenced by a fact in issue, whether previous or subsequent. Absconding after a crime is a listed illustration.
Under section 7, facts explaining the departure, such as sudden and urgent business, may also be relevant so far as necessary to explain it. A may use them to rebut the inference.

Answer: Both facts are relevant: the purchase of poison as preparation under section 6(1), and the departure as subsequent conduct under section 6(2). A may rebut the inference with facts under section 7. The Judge admits the evidence if it would be relevant if proved, under section 141.

Example 2

X is accused of beating Y to death. Bystanders shouted at the time of the beating, and Y's cries were heard just before the blows. Another statement was made by Y a week later to a friend about a past quarrel with X. The prosecution wants to lead evidence of all three. Advise on relevancy.

Show the solution

The fact in issue is X's beating of Y and causing his death. Section 3 allows evidence of that and of facts declared relevant.
Section 4 covers facts so connected with the fact in issue as to form part of the same transaction. Illustration (a) says whatever was said or done by A, B or bystanders at the beating, or so shortly before or after it as to form part of the transaction, is relevant. The bystanders' shouts and Y's cries just before the blows fall within it.
The statement a week later is not part of the same transaction on the facts given, since it is separated in time and tells only about a past quarrel. It does not accompany the beating.
Section 6(1) may help if the quarrel shows motive, but that is a different route. The statement about the quarrel is relevant only if it shows motive or is relevant under another section. Statements are not conduct under section 6 unless Explanation 1 applies.
The Judge decides admissibility under section 141.

Answer: The shouts and cries during or shortly before the beating are relevant under section 4. The statement a week later is not part of the transaction, and is relevant only if the quarrel is shown to be a motive under section 6(1) or if another provision applies.

Exam tips

Start every answer with section 3, then name the specific section that makes the fact relevant.
Write the exact conditions: part of the same transaction (section 4), previous or subsequent conduct (section 6(2)), necessary for the purpose (section 7).
Always mention Explanation 1 to section 6 when a statement is involved.
Use the relevancy versus admissibility contrast in short notes. Link it to section 141.
Avoid the term res gestae alone. Tie it to section 4, since the Adhiniyam does not use the Latin phrase.

Practice questions from Law relating to Evidence

Relevancy of Facts and Evidence of Facts in Issue: frequently asked questions

What does section 3 of the Bharatiya Sakshya Adhiniyam, 2023 say?

It says evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of other facts declared relevant by the Adhiniyam, and of no others. Its Explanation says it does not let a person prove a fact that civil procedure law disentitles him to prove.

What is res gestae under the BSA 2023?

It is the doctrine behind section 4. Facts so connected with a fact in issue or relevant fact that they form part of the same transaction are relevant, whether they occurred at the same time and place or at different times and places.

What is the difference between relevancy and admissibility of evidence?

Relevancy asks whether a fact is legally connected with the issue under the Adhiniyam. Admissibility asks whether the court will receive the evidence. Under section 141, the Judge admits evidence if the fact, if proved, would be relevant, and not otherwise.

Is a statement conduct under section 6?

Not usually. Explanation 1 says conduct does not include statements unless they accompany and explain acts other than statements. The statement may still be relevant under another section.