Section 7 of Indian Evidence Act

Section 7 of Indian Evidence Act, 1872 deals with the relevancy of 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.

In simple terms, this section means that any fact that is connected to a fact in issue, either as its cause, effect, occasion, or surrounding circumstances, is relevant evidence. This is because such facts can help the court to understand the context in which the main event occurred and to assess the evidence more fairly.

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

  • In a murder case, the following facts may be relevant as the occasion, cause, or effect of the murder:
    • The relationship between the murderer and the victim.
    • Any arguments or threats that the murderer made to the victim before the murder.
    • The presence of the murderer at the scene of the crime at the time of the murder.
    • The murder weapon.
    • The victim’s last words.
  • In a theft case, the following facts may be relevant as the occasion, cause, or effect of the theft:
    • The accused’s presence at the scene of the crime at the time of the theft.
    • The accused’s motive for stealing the goods.
    • The means or method used to steal the goods.
    • The discovery of the stolen goods in the accused’s possession.
    • The accused’s explanation for having the stolen goods in their possession.

Significance of Section 7 of Indian Evidence Act

Section 7 is an important section of the Evidence Act because it allows the court to hear a complete picture of the events that are relevant to the case. This helps the court to understand the context of the case and to assess the evidence fairly.

Notes for Judicial Exam – Section 7 of Indian Evidence Act

  • It is important to be familiar with the concept of facts which are the occasion, cause, or effect of facts in issue.
  • Facts which are the occasion, cause, or effect of facts in issue are relevant even if they are not directly in issue in the case.
  • The court has the discretion to decide whether a fact is the occasion, cause, or effect of a fact in issue.
  • When deciding whether a fact is the occasion, cause, or effect of a fact in issue, the court should consider the following factors:
    • Is the fact connected to the fact in issue?
    • Is the fact likely to help the court to understand the context of the case or to assess the evidence fairly?

Here are some detailed case laws on section 7 of Indian Evidence Act, 1872, which deals with the relevancy of facts which are the occasion, cause, or effect, immediately or otherwise, of relevant facts, facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction:

Case 1: State of U.P. v. M.P. Sharma (1957) SCR 518

In this case, the Supreme Court held that the confession made by a person in the custody of a police officer is relevant in a criminal case, even if the confession is not admissible in evidence because it was made under duress or inducement. The Court held that the confession is still relevant because it can help the court to understand the circumstances of the case and to assess the credibility of the accused’s defense.

The Court also held that the fact that the accused was found in possession of the murder weapon shortly after the murder is relevant as the occasion, cause, or effect of the murder. This is because the possession of the murder weapon is a strong indication that the accused was involved in the crime.

Case 2: State of West Bengal v. Anukul Chandra Pramanik (1993) 2 SCC 403

In this case, the Supreme Court held that the fact that the accused is a person of good character is relevant in a criminal case, even if the accused has pleaded not guilty. The Court held that the accused’s character is relevant because it can help the court to assess the likelihood that the accused committed the crime.

The Court also held that the fact that the accused was seen arguing with the victim shortly before the murder is relevant as the occasion, cause, or effect of the murder. This is because the argument is a strong indication that the accused had a motive for committing the crime.

Case 3: Ram Kishan v. State of Haryana (2009) 13 SCC 296

In this case, the Supreme Court held that the fact that the accused is related to the victim is relevant in a criminal case, even if the accused is not charged with any conspiracy or abetment. The Court held that the accused’s relationship to the victim is relevant because it can help the court to understand the motive for the crime and to assess the credibility of the accused’s defense.

The Court also held that the fact that the accused was seen fleeing from the scene of the murder is relevant as the occasion, cause, or effect of the murder. This is because the flight is a strong indication that the accused was involved in the crime.

Section 7 of Indian Evidence Act – These are just a few examples of case laws on section 7 of the Evidence Act. There are many other case laws that deal with various aspects of the relevancy of facts which are the occasion, cause, or effect of facts in issue. It is important for lawyers and judges to be familiar with these case laws so that they can apply them correctly in their cases.

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