Bharatiya Sakshya Adhiniyam, 2023 - Chapter II: Relevancy of Facts

Section 7 BSA 2023: Facts Necessary to Explain or Introduce a Fact in Issue or Relevant Fact

Section 7 in brief: Section 7 of the Bharatiya Sakshya Adhiniyam, 2023 makes certain explanatory or introductory facts relevant when they are necessary to understand a fact in issue or another relevant fact. It also covers facts that support or rebut an inference, establish identity, fix time or place, or show the relationship between parties to a transaction.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA), Act No. 47 of 2023, lays down the general rules and principles of evidence for judicial proceedings. It came into force on July 1, 2024. Section 7 appears in Chapter II on the relevancy of facts and deals with facts that are needed to place another relevant fact or fact in issue in its proper context.

In practical terms, a fact may become relevant under Section 7 even where it is not the principal fact in dispute, if it is genuinely necessary to explain, introduce, identify, locate, contextualize, support or rebut another relevant fact.

Text and Scope of Section 7

Section 7 - Facts necessary to explain or introduce fact in issue or relevant facts.

Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.

Meaning of Important Expressions

Fact in issue

A fact in issue is a fact from which, either by itself or together with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a proceeding necessarily follows. The expression is defined in Section 2 of the BSA.

Relevant fact

A fact is relevant to another fact when it is connected with that fact in one of the ways recognized by the BSA. Section 7 therefore does not create unlimited admissibility; the explanatory fact must be necessary for one of the purposes stated in the section.

Identity, time, place and relationship

Section 7 expressly recognizes contextual facts that establish the identity of a person or thing, fix the time or place of an event, or show the relationship between parties connected with a relevant transaction. These facts may make the principal evidence understandable and capable of proper evaluation.

Illustrations to Section 7

The question is whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts.
A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.
A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under Section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.
A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A, "I am leaving you because B has made me a better offer." This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue.
A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it, "A says you are to hide this." B's statement is relevant as explanatory of a fact which is part of the transaction.
A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.

How Section 7 Operates in Evidence

Section 7 is a rule of contextual relevance. Courts often need surrounding facts to understand why an event occurred, who or what was involved, when and where it happened, or what inference should reasonably be drawn from it. The section permits such facts only to the extent that they are necessary for the identified explanatory purpose.

The words "in so far as they are necessary for that purpose" are important. They limit the provision. Remote details, collateral disputes or background material that does not materially explain the fact in issue or relevant fact do not become admissible merely because they form part of the wider history of the parties.

Practical point: When relying on Section 7, identify the principal fact first and then explain exactly why the additional fact is necessary to introduce, explain, identify, locate, support or rebut that principal fact.

Relationship with Nearby BSA Provisions

Section 7 should be read with the other provisions in Chapter II dealing with closely connected facts. For example, Section 4 deals with facts forming part of the same transaction, Section 5 covers occasion, cause or effect, and Section 6 covers motive, preparation and conduct. Section 7 specifically addresses facts needed to explain or introduce relevant matters and other contextual links expressly stated in the provision.

Related Sections

Last reviewed: September 12, 2026. Always verify the current statutory text and notifications from official Government sources before relying on the provision in a legal proceeding.