Bharatiya Sakshya Adhiniyam, 2023
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. Illustrations.
(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.
(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 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.
(c) 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.
(d) 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.
(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.
Why this exists
Courts often need context to properly understand the central facts of a dispute—who the parties are, when and where things happened, and how events connect. Without allowing such explanatory facts, evidence could seem disconnected or confusing. This provision, carried forward from Section 9 of the Indian Evidence Act, 1872, ensures that necessary background—identity, timing, relationships, and explanatory statements—can be brought before the court, while still requiring that such facts be genuinely necessary rather than a backdoor for irrelevant material.
How courts read it
Indian courts have long used the equivalent provision under the 1872 Act to admit identification evidence, timing and location details, and statements explaining a person's conduct (like exclamations made while doing something relevant). Courts have been cautious to keep the door narrow—only facts genuinely necessary to explain, introduce, or identify are let in, not every peripheral detail, as seen in the illustration about the accused's business being 'sudden and urgent' but its specifics being irrelevant.
Common misconceptions
- Myth: Any background information about the parties or events can be brought into evidence under this section.
Fact: Only facts that are truly necessary to explain, introduce, identify, or connect the main facts are relevant—unrelated or excessive detail is excluded, as shown in the illustrations about business details and unrelated disputes. - Myth: Statements explaining someone's actions are automatically admissible as evidence of the truth of what they say.
Fact: Such statements (like C's or B's explanations in the illustrations) are relevant only to explain conduct or a transaction, not necessarily as proof that the content of the statement itself is true.