This lecture is a part of the lecture series intended to help advocates from Tamil Nadu write the All India Bar Exam. This lecture is on that part of the Evidence Act, 1872 which deals with facts connected to facts in issue or relevant facts so as to make such facts relevant (Sections 5-16). The audio track of the lecture can be accessed/ downloaded from this SoundCloud link: https://goo.gl/5BP4to. The video of the lecture is at: https://youtu.be/WEuKFN8E0bU.

1. All India Bar Exam
Lectures on the
Evidence Act, 1872
Badrinath Srinivasan LL.M., A.I.I.I., M.C.I.Arb.
www.ssrn.com/author=665603
www.practicalacademic.blogspot.in
www.linkedin.com/pub/badrinath-srinivasan/13/604/916

2. Lecture 3
Relevancy of Facts connected
with Facts in Issue/ Relevant
Facts

3. Recap of the previous lecture- Lecture 2
 Lecture 2
 Preamble and Section 1- Territorial applicability & applicability to
proceedings
 Interpretation clause- various definitions
 Presumptions
 This Lecture
 Relevancy of things connected with the facts in issue/ relevant facts
(s. 5-16)
 Will not be discussing all the provisions but only the structure
 Advised to read the bare text
 Read the illustrations

4. Structure of Relevancy of Facts
 Things connected with the facts in issue to form part of the same
transaction, occasion, cause, effect, motive, conduct, etc. (s. 6 -16).
 Admission, confessions, etc. (Sections 17 - 31).
 Statements by persons who cannot be called as witnesses (s. 32-33).
 Statements made under special circumstances (s. 34 - 39).
 Relevancy of judgements & decrees (s. 40- 44).
 Opinions (s. 45- 51).
 Character & reputation (Sections 52 - 55).

5. Section 5
 S 5 says that except for existence or non-existence of a fact-in-issue or
relevant fact, evidence cannot be given about any other fact.
 Even if relevant, if CPC says evidence is inadmissible, cannot furnish
evidence.
 S 6- Some facts may not be in issue but are connected to facts-in-issue
to form part of same transaction
 Matters incidental to the fact in issue are relevant. E.g., Kumar shoots
Ramesh with a gun. The fact that Kumar tells Vinod, his friend, that he
is planning to buy a gun, three days before the killing is relevant.
 Res gestae- Latin- “things done”
 proximity of time/ place or continuity of actions- same transaction

6. Things connected to FII/RF (s. 7- 11)
 Facts which are the occasion, cause or effect of facts in issue
 Motive, preparation and previous or subsequent conduct
 Facts necessary to explain or introduce relevant facts
 Things said or done by conspirator in reference to common design
 When facts not otherwise relevant become relevant
 If they are inconsistent with any fact is issue or relevant fact;
 If by themselves or in connection with other facts they make the existence or
non-existence of any FII/RF highly probable or improbable

7. Things connected to FII/RF (s. 12- 16)
 In suits for damages, facts tending to enable Court to determine
amount are relevant
 Facts relevant when right or custom is in question
 any transaction by which the right or custom in question was created, claimed,
modified, recognized, asserted, or denied, or which was inconsistent with its
existence;
 particular instances in which the right or custom was claimed, recognized, or
exercised or in which its exercise was disputed, asserted or departed from.
 Facts showing existence of state of mind, or of body or bodily feeling
 Facts bearing on question whether act was accidental or intentional or
done with a particular knowledge or intention
 Existence of course of business according to which a particular act
naturally would have been done

8. Happy Learning!