Indian Evidence Act Section 7: Facts which are the occasion, cause or effect of facts in issue

Facts which are the occasion, cause, or effect, immediately or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

  1. The question is, whether A robbed B.
    The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third persons, are relevant.
  2. The question is, whether A murdered B.
    Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.
  3. The question is, whether A poisoned B.
    The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

Simplified Explanation

Section 7 of the Indian Evidence Act, 1872 addresses the relevancy of facts that are connected to the facts in issue by being their occasion, cause, or effect. This section allows for the inclusion of evidence related to events or circumstances that are linked to the main facts in dispute, helping to provide a complete understanding of the case.

Text of Section 7:

“Facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.”

Explanation:

  • Occasion: Any fact that provided the opportunity or circumstances under which the fact in issue occurred. This could include background events or situations that led to the fact in issue.
  • Cause: The facts that directly or indirectly caused the fact in issue. These could be events or actions that led to the occurrence of the fact in issue.
  • Effect: The outcome or consequences of the fact in issue. These are events or circumstances that resulted from the fact in issue.
  • State of Things: The general situation or environment in which the facts in issue took place. This includes the overall context or setting.
  • Opportunity: Any fact that made it possible for the fact in issue to occur, such as the presence of certain individuals, tools, or conditions.

Example:

Suppose there’s a case where a person, A, is accused of setting fire to B’s house.

  • Fact in Issue: Whether A set fire to B’s house.
  • Relevant Facts under Section 7:
    1. Cause: A had a dispute with B over property rights. The property dispute could be considered the cause of the arson and is therefore relevant under Section 7.
    2. Occasion: A was seen buying large quantities of petrol the day before the fire. This purchase provided the occasion or opportunity for the arson, making it relevant.
    3. Effect: The fire resulted in the destruction of B’s house and injuries to B’s family members. These effects are directly linked to the fact in issue and are relevant.
    4. State of Things: There was a history of escalating tensions between A and B, with several threats made by A in the weeks leading up to the incident. This state of things sets the background for the fact in issue and is relevant.

In this example, the property dispute, the purchase of petrol, the destruction of the house, and the prior threats are all relevant under Section 7 because they are either the cause, occasion, effect, or state of things related to the fact in issue (the arson).

Significance:

Section 7 is significant because it broadens the scope of what can be considered relevant evidence. By allowing facts that are connected as causes, effects, or occasions, the section helps the court understand the full context of the case. This comprehensive view aids in establishing a more accurate and just determination of the facts in issue, ensuring that all related circumstances are considered.

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