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According to the Bharatiya Sakshya Adhiniyam, 2023, facts that are not, directly in issue but are part of the same transaction are considered relevant. Which of the following is an example of facts forming part of the same transaction ?

  • A.A is suing B for breach of contract, and a letter exchanged between the parties, unrelated to the contract, is considered relevant.
  • B.A is accused of the murder of B by beating him, and the statements or actions of A, B, or bystanders immediately before or after the incident are relevant.
  • C.A is accused of theft, and only the physical evidence found at the crime scene is relevant.
  • D.A disputes the ownership of property, and only the title deed is considered relevant.

Answer: B

The example is option B: A is accused of murdering B by beating him, and what A, B or bystanders said or did immediately before or after is relevant.

Section 4 of the BSA makes relevant the facts that, though not in issue, are so connected with a fact in issue as to form part of the same transaction. Its own illustration is this one: whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is relevant.

A letter unrelated to the contract is not part of the transaction, and options C and D wrongly confine relevance to physical evidence or the title deed.

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