Section 4 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the relevancy of facts forming part of the same transaction. Here's a detailed breakdown:
đ What Section 4 States
Under SectionâŻ4, any fact that, while not directly in issue, is so connected to a fact in issue (or another relevant fact) that it forms part of the same âtransaction,â is considered relevantâregardless of whether it took place at the same location or at a different time and place
The term âtransactionâ is akin to the doctrine of res gestae under the Indian Evidence Act, but redefined under the new statute
Essentially, it allows courts to admit spontaneous, contemporaneous facts or statements that give context to the main facts being examined.
âïž Practical Examples
Legal commentators have interpreted Section 4 as covering various real-world scenarios:
If a victim shouts an alarmâe.g., âHeâs going to shoot!ââjust before an incident, that exclamation is part of the same transaction and thus admissible
In Uttam Singh v. State of Madhya Pradesh, a childâs cry upon hearing an axe forms part of the same event and is therefore relevant and admissible under Section 4
đ Comparison with the Indian Evidence Act, 1872
SectionâŻ4 of the BSA supersedes SectionâŻ6 of the old Indian Evidence Act, 1872, which dealt with the relevancy of facts forming part of the same transaction
While the core principle remains similar, the updated language under BSA emphasizes the same broad and flexible scope, allowing courts to consider temporally or spatially linked facts.
â Why It Matters
Section 4 ensures that the court can capture the full context surrounding an issue, not just narrowly focus on the main fact in dispute. This holds two major advantages:
Highlights spontaneous or contemporaneous evidenceâlike exclamations and actionsâthat shed light on intent, motive, or the sequence of events.
Ensures a holistic understanding of events, improving judicial fact-finding and fairness.
𧩠In Summary
| Section | Substance |
|---|---|
| 4 BSA | Facts related to the same transaction are relevant even if they aren't directly in issue. |
| Replaces | SectionâŻ6 IEA (1872), which carried the doctrine of res gestae forward in similar terms. |
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