Bharatiya Sakshya Adhiniyam Chapter 2 – Relevancy of Facts

Bharatiya Sakshya Adhiniyam Chapter 2 – Relevancy of Facts: Explanation for Law Students and Enthusiasts

Introduction: The Power of Relevance in a Courtroom

Imagine a courtroom in India, where a theft case is being heard. The judge listens patiently. The prosecution presents a witness who begins narrating unrelated events—what the accused wore three weeks ago, the kind of food he prefers, or what movie he watched recently.

The defense objects. “How is this relevant to the theft?” the lawyer asks.

The judge nods. And that’s where Chapter 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) comes into action.

Relevancy of Facts is not just a legal technicality—it is the foundation of justice. Only facts that help in understanding the dispute, proving or disproving allegations, or showing the conduct of the parties can be admitted in a court. Everything else is noise.

Let’s now explore this chapter in detail—just like we would tell a story.

Chapter 2 of BSA: Relevancy of Facts – A Fresh Look at Evidence

The Bharatiya Sakshya Adhiniyam, 2023, replaces the old Indian Evidence Act of 1872. While much of the structure remains, BSA gives Indian courts a modern, clearer, and more tech-aware framework. Chapter 2, titled "Relevancy of Facts," includes Sections 4 to 30, and each of these defines what kind of facts can be legally presented as evidence.

Let’s understand these sections not as technical rules, but as scenes in a legal drama.

Scene 1: The Central Plot – Facts in Issue and Relevant Facts (Sections 4–6)

A "fact in issue" is like the main storyline of a courtroom trial. If the case is about a murder, then the fact in issue might be: "Did Mr. X intentionally cause the death of Mr. Y?"

Now, relevant facts are like side-plots that connect directly with the main storyline. As per Section 5, courts only consider relevant facts—those that make the existence of a fact in issue more or less probable.

Example:
If a CCTV footage shows Mr. X buying a knife the day before the murder, that is relevant.
But Mr. X’s history of watching crime shows? Not relevant, unless it links to intent.

Scene 2: Explaining the Background – Same Transaction Facts (Section 6)

This is the doctrine of res gestae. Imagine a robbery where the accused fled, and bystanders screamed. Even though those screams occurred after the act, they are still considered part of the same event and are relevant.

Section 6 allows evidence that forms part of the same transaction, even if it happens at different times or places.

In storytelling terms: If you want to narrate what happened in a crime, you cannot pick isolated scenes—you need the full sequence to make sense.

Scene 3: The Puzzle Pieces – Motive, Preparation, and Conduct (Sections 7–10)

To solve a case, you must ask: Why would the person commit the act? Did they plan it? What did they do before or after?

• Section 7 talks about the motive and previous behavior.
  
  

• Section 8 explains preparation and conduct.
  
  

• Section 9 addresses the facts that help explain circumstances like identity and time.
  
  

Example:
If a person buys poison, has life insurance on the victim, and searches “how to commit the perfect crime” online—that’s preparation. And very relevant.

Scene 4: The Echoes of the Past – Prior Similar Acts (Section 11)

Sometimes, an accused claims, “I would never do this.”

But what if there is a history of similar behavior? Section 11 allows the court to look into similar past incidents if they establish a pattern.

Important Note: This must be done carefully to avoid prejudicing the court. It must directly link to the current case.

Scene 5: The Twists – Confessions, Admissions, and Agreements (Sections 12–23)

Imagine in a dramatic twist, the accused confesses. That’s huge. But wait—was it made under police pressure?

The BSA lays clear boundaries here:

• Section 15–16 say that confessions to a police officer are not admissible unless made in the presence of a magistrate.
  
  

• Section 17: If two or more people are tried together and one of them confesses in a way that affects the other, that may also be relevant.
  
  

• Sections 18–23: Admissions, agreements, and statements made by parties to the case or their representatives can be used to support or challenge a fact.
  
  

Confessions are powerful, but they must be voluntary and trustworthy to be relevant.

Scene 6: The Side Characters – Statements by Strangers (Sections 24–30)

What if someone who is not part of the case makes a statement? Can that be used?

BSA includes exceptions to the hearsay rule. For example:

• Section 24: Dying declaration—what a person says when they believe death is near is often accepted.
  
  

• Section 25: Entries in public records can also be admitted.
  
  

• Section 26: Expert opinion and scientific evidence—like a doctor’s analysis or a forensic report—is relevant.
  
  

• Section 30: Facts that help determine the existence of a custom or business usage are relevant when disputes arise in civil cases.

Why Chapter 2 Matters More Than Ever in 2023

The Bharatiya Sakshya Adhiniyam doesn’t change the philosophy of evidence, but it updates and simplifies it.

In today’s digital world, relevance is more important than ever. Courts deal with data, CCTV footage, chats, emails, and mobile tower locations. Without clear rules of what is relevant, trials could drown in irrelevant details.

That’s why Chapter 2 is critical—it filters what matters from what doesn’t. It helps protect justice by focusing only on those facts that directly influence the outcome of a case.

Story Recap: Making Justice Work Through Relevancy

Let’s go back to our imaginary courtroom. The judge excludes everything that doesn’t help solve the theft case. Only those facts that shed light on what really happened are allowed.

The court is not a place for gossip, opinion, or background noise. It is a place where only legally relevant facts matter.

Chapter 2 of the Bharatiya Sakshya Adhiniyam makes that principle strong, clear, and functional.

Final Thoughts: Learning to Think Like a Lawyer

If you’re a law student or someone preparing for judiciary exams, remember:

• Always ask: Does this fact support or weaken the fact in issue?
  
  

• Study Sections 4 to 30 deeply—not just for exams, but to understand the art of legal storytelling.
  
  

• Relevancy is not about drama—it is about truth, proof, and fairness.
  
  

The relevancy of facts in Bharatiya Sakshya Adhiniyam, 2023 is more than a chapter. It is the judge’s compass, the lawyer’s strategy, and the citizen’s protection.