Section 6 of the Indian Evidence Act – Relevancy of facts forming part of same transaction

Relevancy of facts forming part of same transaction.––Facts which, though not in issue, are so
connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred
at the same time and place or at different times and places.
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers
at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.
(b) A is accused of waging war against the 1
[Government of India] by taking part in an armed insurrection in
which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is
relevant, as forming part of the general transaction, though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties
relating to the subject out of which the libel arose, and forming part of the correspondence in which it is
contained, are relevant facts, though they do not contain the libel itself.
(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to
several intermediate persons successively. Each delivery is a relevant fact.
– Section 6 Indian Evidence Act

Section 6 Relevancy of facts forming part of same transaction

If multiple facts are part of the same transaction, they are relevant to the case, even if they are not directly involved in proving the main issue. These facts help provide context or a better understanding of the event that is under dispute. The provision connects these facts to the facts in issue by showing that they occurred during the same transaction.

Essential Elements of Section 6

Occasion

This refers to the circumstances or situation in which the facts occurred. For instance, if a crime occurred during a heated argument, the argument could be considered an “occasion” for the crime.

    Cause

    The cause is the factor that led to the event or transaction. In a theft case, the act of breaking into a house could be the cause of the theft.

      Effect

      The effect is the result of the transaction. For example, the effect of a robbery might be the physical harm inflicted on the victim or the loss of property.

        Whole Transaction

        This includes all events, circumstances, or facts that are related and contribute to a particular transaction or occurrence. For example, in a domestic violence case, the whole transaction could include the history of abuse, the incident itself, and the subsequent medical treatment of the victim.

        ConceptExplanation
        OccasionThe circumstances or situation that led to the main event.
        CauseThe factor or action that directly resulted in the event.
        EffectThe result or consequence of the event or transaction.
        Whole TransactionAll the facts, circumstances, or events connected to the same incident or occurrence.

        Some Examples

        Example 1: Criminal Case (Assault)
        In a case where someone is charged with assault, Section 6 allows the court to consider facts like:

        • The occasion (e.g., a quarrel or argument that led to the attack).
        • The cause (e.g., a provocation by the victim).
        • The effect (e.g., the injuries caused by the assault).

        These facts help the court understand the full circumstances leading to the crime, even if they aren’t directly related to whether the accused committed the assault.

        Example 2: Property Dispute
        In a property dispute case, if a person claims ownership of a property, Section 6 may allow the court to consider:

        • The occasion of the dispute (e.g., the transfer of ownership, a gift, or inheritance).
        • The cause (e.g., the death of the previous owner).
        • The effect (e.g., the disputed action of selling or transferring the property).

        All these facts, when connected, form the whole transaction and help establish the ownership of the property.

        Case Laws

        Example 1: Criminal Case (Assault)
        In a case where someone is charged with assault, Section 6 allows the court to consider facts like:

        • The occasion (e.g., a quarrel or argument that led to the attack).
        • The cause (e.g., a provocation by the victim).
        • The effect (e.g., the injuries caused by the assault).

        These facts help the court understand the full circumstances leading to the crime, even if they aren’t directly related to whether the accused committed the assault.

        Example 2: Property Dispute
        In a property dispute case, if a person claims ownership of a property, Section 6 may allow the court to consider:

        • The occasion of the dispute (e.g., the transfer of ownership, a gift, or inheritance).
        • The cause (e.g., the death of the previous owner).
        • The effect (e.g., the disputed action of selling or transferring the property).

        All these facts, when connected, form the whole transaction and help establish the ownership of the property.

        Case Laws

        R. v. Bedingfield (1879)
        In this case, the court considered Section 6 while examining facts related to a particular transaction. It was ruled that facts related to the incident—like actions taken before, during, and after the event—are all relevant in understanding the full scope of the situation.

        State of Maharashtra v. Chanderbhan (1990)
        The Supreme Court of India, in this case, reiterated the importance of considering facts forming part of the same transaction. The court held that such facts are admissible as they provide essential context to the case.

        Res gestae

        The term Res Gestae refers to a concept in law that describes facts or events that are so closely related to a specific incident that they can be considered part of the same transaction. The phrase is used in the context of evidence law to explain facts that help establish the context of a particular case and are admissible as evidence.

        AspectExplanation
        DefinitionFacts or statements that are directly connected to an event and help explain it.
        TimingThe facts must be immediately before, during, or after the event.
        SpontaneityFacts or statements must be spontaneous and connected to the event.
        RelevanceThe facts must be relevant to the transaction and help explain the event.

        This explanation of Section 6 of the Indian Evidence Act is for educational purposes only. It does not constitute legal advice. For specific legal concerns, consult a licensed advocate to address your case’s individual circumstances.

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