Section 7, BSA — 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 relevant fact, or which establish the identity of any thing 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.

Introductory facts

Set the stage, so that the fact in issue can be understood in its setting

The position and relations of the parties at the time an alleged libel was published

Explanatory facts

Make intelligible a fact in issue or relevant fact that would otherwise be ambiguous

That the accused left home suddenly because he had urgent business elsewhere, explaining what would otherwise look like flight

Facts supporting or rebutting an inference

Confirm or displace an inference that a relevant fact suggests

That the accused was in possession of stolen goods because he had bought them openly in a market

Facts establishing identity

Establish who a person is, or what a thing is, where identity is relevant

Test identification parade; identification of a dead body; identification of recovered property

Facts fixing time or place

Establish when or where a fact in issue or relevant fact occurred

Call detail records placing a person at a location; a railway ticket; the time of sunset

Facts showing the relation of parties

Establish the relationship between the persons by whom the fact was transacted

That the parties were husband and wife; employer and employee; creditor and debtor; or in a relation of active confidence

(a)

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, as introductory to the question of genuineness

(b)

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 as introductory. The particulars of a dispute between A and B about an unconnected matter are irrelevant, though the fact that there was a dispute may be relevant if it affected their relations

(c)

A is accused of a crime; soon after its commission he absconded from his house

The abscondence is relevant as conduct under Section 6. That he had sudden and urgent business at the place to which he went is relevant under Section 7 as explaining the sudden departure. The details of that business are not relevant, except so far as necessary to show that it was sudden and urgent

(d)

A sues B for inducing C to break a contract of service with A. On leaving A's service, C says to A: 'I am leaving you because B has made me a better offer'

The statement is relevant as explanatory of C's conduct, which is itself a fact in issue

(e)

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

(f)

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

⚠ Illustrations (b) and (c) mark the limit

Both illustrations expressly exclude material that goes beyond the explanatory purpose. In (b) the particulars of an unconnected dispute are irrelevant, although the existence of the dispute may be relevant if it affected the relations of the parties. In (c) the details of the accused's business are irrelevant, although enough may be shown to establish that the business was sudden and urgent. This is the practical operation of the words 'in so far as they are necessary for that purpose'.

Statutory basis

Section 7, as a fact establishing the identity of a person whose identity is relevant

Evidentiary character

Not substantive evidence. The substantive evidence is the identification made by the witness in court

Purpose

To assure the investigating agency that the investigation is proceeding on right lines, and to furnish corroboration of the identification later made in court

Stage

Held during the investigation, and ordinarily as soon as possible after the arrest, before the witness has an opportunity to see the accused

Effect of failure to hold one

Does not make the identification in court inadmissible, but may affect its weight, particularly where the witness was a stranger to the accused

Effect of refusal by the accused

The accused may refuse to participate, but an adverse inference may be drawn from the refusal

Where the accused is known to the witness

A parade serves no purpose and its absence is immaterial

Conduct of the parade

Should be held before a Magistrate, with a sufficient number of persons of similar appearance, and with precautions to ensure the witness has not seen the accused beforehand

📖 Malkhansingh v. State of Madhya Pradesh, (2003) 5 SCC 746

Held: A test identification parade is not substantive evidence. Its purpose is to assure the investigating agency that the investigation is proceeding on right lines, and to provide corroboration of the evidence to be given by the witness later in court. The substantive evidence is the identification made in court. The failure to hold a parade does not make the evidence of identification in court inadmissible, though it may affect its weight. The identification of an accused in court by a witness is the substantive evidence, and the parade is only corroborative.

Ratio: Identification in court is substantive; the parade corroborates it, and its absence goes to weight rather than admissibility.

📖 Dana Yadav alias Dahu v. State of Bihar, (2002) 7 SCC 295

Held: Evidence of identification in a test identification parade is admissible under Section 9 of the Indian Evidence Act, now Section 7 of the Adhiniyam. Such evidence is not substantive, and identification for the first time in court, without a prior parade, is ordinarily viewed with caution unless the witness had a sufficient opportunity to observe the accused or was previously acquainted with him. The value of a parade depends on the promptness with which it is held and the precautions taken.

Ratio: The parade is admitted under the identity limb of Section 7 and serves a corroborative function; delay and want of precaution reduce its worth.

Identity of an accused

Test identification parade; identification in court; identification by voice; photographic identification

Section 7; corroboration under Section 160

Identity of a dead body

Identification by relatives; clothing and personal effects; dental records; DNA comparison

Sections 7 and 39

Identity of recovered property

Test identification of property; distinguishing marks; serial numbers; invoices

Section 7; Illustration (a) to Section 119

Identity of handwriting

Comparison by a witness acquainted with the handwriting; expert opinion; comparison by the court

Sections 40 and 43 to 45

Identity of an electronic record or device

Hash value; device identifiers; server logs; the certificate under Section 63(4) and the Schedule

Sections 57, 61 and 63

Identity established by fingerprints or DNA

Expert opinion of the Examiner or forensic scientist

Section 39

Fixing the time of an occurrence

Medical opinion as to the time of death; the state of the stomach contents; the time of sunset or sunrise; the timing of a telephone call; timestamps on records and messages

Fixing the place of an occurrence

The site plan; the location of the body and of articles; locational evidence from a mobile device; photographs of the scene

Establishing presence

Call detail records and cell tower data; entries in a register or attendance record; closed-circuit television footage; travel documents

Establishing absence — the plea of alibi

The same categories of evidence, tendered by the defence to show that the accused was elsewhere

⚠ Alibi is not governed by Section 7 alone

A plea of alibi asserts that the accused was elsewhere and therefore could not have committed the act. Evidence in support of the plea reaches the record chiefly under Section 9, which makes relevant facts inconsistent with a fact in issue, and the burden of establishing it lies on the accused under Section 109, the fact being especially within his knowledge. The standard he must satisfy is a preponderance of probabilities. Section 7 supplies the time-and-place limb; it does not by itself carry the plea.

Husband and wife

Explains conduct, supplies motive in matrimonial offences, and attracts the presumptions in Sections 116, 117 and 118

Also attracts the privilege for communications during marriage under Section 128

Employer and employee; principal and agent

Explains access and opportunity; attracts vicarious responsibility in civil matters

The conduct of an agent is relevant under Section 6(2); the continuance of the relationship is presumed under Section 112

Creditor and debtor

Supplies a motive; explains a demand or a transaction

Bears on the consideration for an instrument under Illustration (c) to Section 119

Partners

Explains dealings and authority

Continuance of the relationship presumed under Section 112

Landlord and tenant

Explains possession and payment

Estoppel under Section 122; continuance presumed under Section 112

Advocate and client; doctor and patient

Explains communications

Attracts privilege under Section 132

A relation of active confidence

Explains why one party trusted the other

Places the burden of proving good faith on the dominant party under Section 114

Function

Admits facts forming part of the transaction

Admits facts causally connected with the transaction

Admits motive, preparation and conduct

Admits facts needed to make the others intelligible

Independent significance

Yes

Yes

Yes

No — the facts are admitted only because other material requires explanation

Limitation

Must form part of the transaction

Must be an occasion, cause, effect, state of things or opportunity

Must influence or be influenced by a fact in issue

Relevant only 'in so far as necessary for that purpose'

Example

The victim's cry during the attack

Marks of a struggle at the scene

Abscondence after the offence

The urgent business that explains the sudden departure

Motive, Preparation and Conduct — Section 6

The preceding head; Illustration (c) to Section 7 explains conduct admitted under it

Occasion, Cause and Effect of Facts — Section 5

The head dealing with state of things and opportunity

Substantive Evidence and Corroborative Evidence

The status of the test identification parade and of identification in court

Section 9, BSA

Facts inconsistent with a fact in issue, the principal route for a plea of alibi

Section 39, BSA

Expert opinion on identity, handwriting, fingerprints and forensic comparison

Sections 57, 61 and 63 and the Schedule, BSA

Proof of electronic material tendered to fix time or place

Section 109, BSA

Burden of proving a fact especially within the knowledge of a person, including alibi

Sections 112, 114, 122, 128 and 132, BSA

Consequences that attach to particular relationships between the parties