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Section 7 of Indian Evidence Act 1872
Facts which are the occasion, cause or effect of Fact-in-Issue
Facts, which are the occasion, cause or effect , immediate or otherwise , of relevant facts, or fact in issue or which constitute the state of things under which they happened or which afford an opportunity for their occurrence or transaction are relevant
Section 7 leaves the transaction itself, and provides for the admission of several classes of facts under the umbrella of the same transaction which though not possible forming part of transaction, are yet connected with it proper modes, and so are relevant when the transaction itself is under inquiry.
This section based on induction. The relevancy of facts is required to be determined by human experience. What has been the constant cause of a particular effect in the past will be the same in future .
For example, If a living being is cut into pieces on the ground there shall be bleeding and blood will be found on the place of occurrence, by his induction whenever a man finds human blood in great quantity on a particular place, he may be reasonably infer that some living being was cut into pieces or at least severely injured there.
Let’s take another example
“A” was tried for the murder of “B”, The dead body of “B” was found near a bridge in gunny bag . At the trial these fact were proved
In cases of murders, marks produced near or at the place of the scene of crime by the accused and the deceased on account of the struggle ensuing between them, prior to murder, and also the finger prints and foot prints found at the scene of crime all are relevant under section 7 as effect of a fact-in-issue
Section 7 of Indian Evidence Act 1872 provides for the admission of several classes of facts which are completed with the transaction under inquiry in particular mode
Interpretation of this section is that
There is nothing technical in this section, only we have to understand, Relevant and Fact in issue. Earlier we have already said that Fact –in-Issue is very technical, it troubles to understand Indian Evidence Act.
Let us simplify
Fact-in-issue means “Matter of issue” मुद्दे की बात या झगडे की जड़
Suppose A prosecutes B for stealing his Mobile phone.
A said B came yesterday at my house when I was not available and he has stolen my phone But said No I did not go his yesterday and went to Gurgaon yesterday, so Now B refuses and It became fact in issue.
“A” said I have evidence, whatever “A” bring in evidence it is relevant fact and whatever B will bring evidence in his defense that will “existence of Fact in Issue “
Don’t Jump to conclusion or judgment, this section clears only relevancy and admissibility
Occasion: - Evidence can always be given of the set of circumstances that constituted the occasion for the happening of the principal Fact.
Example
If you say to friend that tomorrow I will go and withdraw money from bank , the next day you withdraw your money while returning extortion caused you.
Your statement “You said to your friend to that you will go and withdraw money from bank “ will be relevant under Occasion. You have given occasion to extort.
Cause: - Cause often explains why a particular act was done. It helps the court to connect a person with the act. The act in question must have been done by the person who had the cause for it. The Word “Cause” border than the “Motive”
For an example Accused was in love with deceased’s wife
Effects: - Every act leaves behind certain effects which not only record the happening of the act but also throw light upon the nature of act.
For an example
A murdered B , marks on the ground, produced by a struggle at or near the place where murder was committed are all relevant facts
Interpretation of The state of things under which they happened
The facts, which constitute the background in which the principle facts happened, are relevant and can be proved under section 7 of Indian Evidence Act , Thus the state of relation between parties or the state of the health of deceased etc. constitute background in which the incident happened .
For Example
In a murder trial evidence was led to the effect that when it became cloudy and stormy, when the electricity failed and when it became very dark the murder was committed. Here the fact of murder is principle fact and other facts show the state of thing under which the principle fact happened.
Case Law
Ratten vs Geginam 1971 AII E.R 801
In this case , the accused was prosecuted for shooting down his wife and he took the defence of accident, the fact that the accused was unhappy with his wife and was carrying an affair with another woman was held to be relevant, as it constituted the state of things between parties.
Spenser Cooper’s Case
In this case, the body of deceased was found in a river and the stomach of the deceased contained no water. The Prosecutor presents the evidence that a person who dies in water, water must have gone in stomach.
The defence tried to produce evidence that a person dying in water does not necessarily take water inside his belly . These facts which being the general consequences of drowning are relevant under section 7 of the Evidence Act 1872.
Levis vs Jones ITLR 152
In this case , some footprints were found near the scene of occurrence. The prosecution led the evidence of a tracker to prove those footprints were that of accused. The evidence are held admissible.
Kasam vs Firm of Haji Jamal 76 IC 327
In this case, plaintiff claimed certain sum of money from defendant. Of that sum certain items were not recorded in the regular kept account book of the defendant. It was held that the absence of entry is admissible to prove want of payment under section 7 of the Indian Evidence Act 1872.
Taantje’s Case
In this case , A young girl was a female servant of a rich man, who was acquainted with every secret of the family. On one Sunday , some precious jewellery was missing. When whole family went to church. The Maid Servant was prosecuted for theft and convicted on the ground that she alone had exclusive opportunity.
After serving the sentence the maid servant was released. On one day she went to market. There a butcher, seeing her started singing, “ What a beautiful body mine”. She knew that butcher was regular supplier of mutton to that rich family and the day of theft also he delivered mutton. The maid servant used to sing that song “ What a beautiful body mine” at the time of her bath and while changing the clothes.
He had stolen jewellery hinting while she had her bath and listened that song. The maid servant went to police and gave report against butcher. Police inquired again and found that real thief was butcher.
Humming the song with words “What a beautiful body mine” by maid servant on the date of incident, and the repetition of the same by the butcher in market would come within purview of the Section 7 of Indian Evidence Act 1872.
Facts, which are the occasion, cause or effect , immediate or otherwise , of relevant facts, or fact in issue or which constitute the state of things under which they happened or which afford an opportunity for their occurrence or transaction are relevant
Section 7 leaves the transaction itself, and provides for the admission of several classes of facts under the umbrella of the same transaction which though not possible forming part of transaction, are yet connected with it proper modes, and so are relevant when the transaction itself is under inquiry.
This section based on induction. The relevancy of facts is required to be determined by human experience. What has been the constant cause of a particular effect in the past will be the same in future .
For example, If a living being is cut into pieces on the ground there shall be bleeding and blood will be found on the place of occurrence, by his induction whenever a man finds human blood in great quantity on a particular place, he may be reasonably infer that some living being was cut into pieces or at least severely injured there.
Let’s take another example
“A” was tried for the murder of “B”, The dead body of “B” was found near a bridge in gunny bag . At the trial these fact were proved
- The wife of “B” deposited all her ornaments with “A”
- “A” took all the money that “B” had for purchasing a truck
- “B” demanded money from “A” on a particular date and time and asked “B” to come and take your money
- “B” came there and stayed and slept with “A” on that night.
In cases of murders, marks produced near or at the place of the scene of crime by the accused and the deceased on account of the struggle ensuing between them, prior to murder, and also the finger prints and foot prints found at the scene of crime all are relevant under section 7 as effect of a fact-in-issue
Section 7 of Indian Evidence Act 1872 provides for the admission of several classes of facts which are completed with the transaction under inquiry in particular mode
- As being the occasion or cause of facts
- As bing its effect
- As giving opportunity for its occurrence
- As constituting the state of things under which happened
Interpretation of this section is that
- Occasion of Fact-in-issue or relevant fact
- Cause of Fact-in-issue or relevant fact
- Effect of Fact-issue or relevant fact
- State of things
There is nothing technical in this section, only we have to understand, Relevant and Fact in issue. Earlier we have already said that Fact –in-Issue is very technical, it troubles to understand Indian Evidence Act.
Let us simplify
Fact-in-issue means “Matter of issue” मुद्दे की बात या झगडे की जड़
Suppose A prosecutes B for stealing his Mobile phone.
A said B came yesterday at my house when I was not available and he has stolen my phone But said No I did not go his yesterday and went to Gurgaon yesterday, so Now B refuses and It became fact in issue.
“A” said I have evidence, whatever “A” bring in evidence it is relevant fact and whatever B will bring evidence in his defense that will “existence of Fact in Issue “
Don’t Jump to conclusion or judgment, this section clears only relevancy and admissibility
Occasion: - Evidence can always be given of the set of circumstances that constituted the occasion for the happening of the principal Fact.
Example
If you say to friend that tomorrow I will go and withdraw money from bank , the next day you withdraw your money while returning extortion caused you.
Your statement “You said to your friend to that you will go and withdraw money from bank “ will be relevant under Occasion. You have given occasion to extort.
Cause: - Cause often explains why a particular act was done. It helps the court to connect a person with the act. The act in question must have been done by the person who had the cause for it. The Word “Cause” border than the “Motive”
For an example Accused was in love with deceased’s wife
Effects: - Every act leaves behind certain effects which not only record the happening of the act but also throw light upon the nature of act.
For an example
A murdered B , marks on the ground, produced by a struggle at or near the place where murder was committed are all relevant facts
Interpretation of The state of things under which they happened
The facts, which constitute the background in which the principle facts happened, are relevant and can be proved under section 7 of Indian Evidence Act , Thus the state of relation between parties or the state of the health of deceased etc. constitute background in which the incident happened .
For Example
In a murder trial evidence was led to the effect that when it became cloudy and stormy, when the electricity failed and when it became very dark the murder was committed. Here the fact of murder is principle fact and other facts show the state of thing under which the principle fact happened.
Case Law
Ratten vs Geginam 1971 AII E.R 801
In this case , the accused was prosecuted for shooting down his wife and he took the defence of accident, the fact that the accused was unhappy with his wife and was carrying an affair with another woman was held to be relevant, as it constituted the state of things between parties.
Spenser Cooper’s Case
In this case, the body of deceased was found in a river and the stomach of the deceased contained no water. The Prosecutor presents the evidence that a person who dies in water, water must have gone in stomach.
The defence tried to produce evidence that a person dying in water does not necessarily take water inside his belly . These facts which being the general consequences of drowning are relevant under section 7 of the Evidence Act 1872.
Levis vs Jones ITLR 152
In this case , some footprints were found near the scene of occurrence. The prosecution led the evidence of a tracker to prove those footprints were that of accused. The evidence are held admissible.
Kasam vs Firm of Haji Jamal 76 IC 327
In this case, plaintiff claimed certain sum of money from defendant. Of that sum certain items were not recorded in the regular kept account book of the defendant. It was held that the absence of entry is admissible to prove want of payment under section 7 of the Indian Evidence Act 1872.
Taantje’s Case
In this case , A young girl was a female servant of a rich man, who was acquainted with every secret of the family. On one Sunday , some precious jewellery was missing. When whole family went to church. The Maid Servant was prosecuted for theft and convicted on the ground that she alone had exclusive opportunity.
After serving the sentence the maid servant was released. On one day she went to market. There a butcher, seeing her started singing, “ What a beautiful body mine”. She knew that butcher was regular supplier of mutton to that rich family and the day of theft also he delivered mutton. The maid servant used to sing that song “ What a beautiful body mine” at the time of her bath and while changing the clothes.
He had stolen jewellery hinting while she had her bath and listened that song. The maid servant went to police and gave report against butcher. Police inquired again and found that real thief was butcher.
Humming the song with words “What a beautiful body mine” by maid servant on the date of incident, and the repetition of the same by the butcher in market would come within purview of the Section 7 of Indian Evidence Act 1872.
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