​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Facts which are Occasion, Cause or Effect of Facts in Issue or Relevant Facts [Section 5]

​IntroductionSection 5 of the Bharatiya Sakshya Adhiniyam deals with facts which are the occasion, cause, or effect of facts in issue or relevant facts. The section recognizes that certain facts, though not directly in issue, may still have a close connection with the principal fact and therefore become relevant.
The section provides that facts which are the occasion, cause, or effect—whether immediate or remote—of relevant facts or facts in issue are relevant. It also includes facts which constitute the state of things under which the act happened or facts which afforded an opportunity for its occurrence.

Meaning and Scope of Section 5
Section 5 makes relevant those facts which help the Court understand:

• the surrounding circumstances of the occurrence,
• the cause behind an event,
• the effects produced by the event,
• the conditions under which it occurred,
• and the opportunity available for commission of the act.

Even though such facts may not form part of the same transaction under Section 4, they are still admissible because they are closely connected with the fact in issue.
The principle behind this section is that a fact can be properly understood only when its surrounding circumstances, causes, and consequences are examined together.

Facts Constituting Occasion, Cause or Effect
OccasionOccasion refers to the circumstances or situation that provided an opportunity for the occurrence of the act.
Illustration (a) explains this concept. The question is whether A robbed B. The facts that B went to a fair carrying money and disclosed possession of the money to others shortly before the robbery are relevant because they created the occasion or opportunity for the robbery.

Cause
Cause refers to the reason or motive that led to the occurrence of the fact in issue.
For example, if a person commits murder to recover money owed to him, the existence of the debt may become relevant as the cause of the crime.

In Jai Nand v Rex, J was tried for murdering K. Evidence showed that K had deposited ornaments with J, had entrusted money to him for purchase of a truck, and had demanded repayment shortly before the murder. These facts were held relevant because they constituted the cause or motive for the murder.

Effect
Effects are the consequences or results produced by the fact in issue.
Illustration (b) states that where the question is whether A murdered B, marks of struggle found on the ground near the place of occurrence are relevant because they are effects of the incident.
Such facts help the Court reconstruct the events connected with the crime.

Facts Constituting the State of Things
Facts showing the surrounding conditions under which an act happened are also relevant under this section.
Illustration (c) provides that where A is accused of poisoning B, the state of B’s health before the alleged poisoning and B’s habits known to A become relevant because they show the state of things under which the offence allegedly occurred.
These facts assist the Court in determining whether the alleged act was possible or probable.

Facts Affording Opportunity
Opportunity refers to the possibility or occasion available for commission of the act.
No offence can ordinarily be committed without opportunity. Therefore, facts showing that a person had the chance to commit the act become relevant.
Conversely, if a person proves absence of opportunity, it may strongly support his innocence.
However, opportunity alone is insufficient to establish guilt. There remains a substantial gap between mere opportunity and actual commission of the offence, which must be bridged by reliable evidence.

Illustrations under Section 5
Illustration (a) – Robbery
Where the question is whether A robbed B, the facts that B carried money to a fair and informed others about it become relevant because they provided an occasion and opportunity for the robbery.

Illustration (b) – Murder
Marks of struggle near the place of murder become relevant because they are effects of the incident and help establish that violence occurred there.

Illustration (c) – Poisoning
The condition of B’s health before poisoning and B’s habits known to A become relevant because they show the circumstances and opportunity for administering poison.

Case Law – Jai Nand v Rex
In Jai Nand v Rex, the accused J was charged with murdering K. The prosecution proved:

• K’s wife had deposited ornaments with J;
• J had taken money from K for purchase of a truck;
• K demanded repayment shortly before the incident;
• and K stayed overnight with J before his body was discovered.

The Court held that:

• J’s indebtedness to K and K’s demand for money were relevant as the cause of the murder;
• K’s stay at J’s house provided the occasion and opportunity for the crime.

Thus, these surrounding circumstances became relevant under Section 5.

Difference between Section 4 and Section 5
Section 4 deals with facts forming part of the same transaction (res gestae), whereas Section 5 has a broader scope.
Facts under Section 5 may not strictly form part of the same transaction, yet they become relevant because they are closely connected with the fact in issue as its:

• occasion,
• cause,
• effect,
• surrounding condition,
• or opportunity.

Thus, Section 5 enlarges the range of admissible evidence beyond the immediate transaction.

Conclusion
Section 5 of the Bharatiya Sakshya Adhiniyam recognizes that facts surrounding an event often help reveal the truth about the event itself. Facts constituting the cause, occasion, effect, surrounding conditions, or opportunity for the occurrence of a fact in issue become relevant because they assist the Court in understanding the complete picture.
The section therefore plays an important role in both civil and criminal trials by allowing admission of connected circumstances that help establish probability, intention, and causation.