Section 7 of Indian Evidence Act, 1872

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Section 7 of Indian Evidence Act, 1872 deals with Facts which are the occasion, cause or effect of facts in issue.

Contents

From the Act

Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

(a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third persons, are relevant.

(b) The question is, whether A murdered B.

Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B.

The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

Notes

  • Occasion
  • Cause
  • Effect
  • Opportunity
  • State of things

Opportunity

  • Inference drawn from an opportunity is not a strong one. However, it prevents the accused from denying the presence at the scene of offense at that particular period.
  • Opportunity alone, and not exclusive opportunity, is sufficient showing for admissibility.

Related Cases

  • Occasion
    • R vs Richardson
  • Cause
    • Indian Airlines vs Madhuri Chowdhury AIR 1965 Cal. 252: Calcutta High Court held that Enquiry Commission report on an air crash is relevant under Section 7 as establishing the cause of the accident.
  • Effects
    • R vs Richardson

Other Related Sections from the Act

  • Section 6: Relevancy of facts forming part of same transaction
  • Section 8: Motive, preparation and previous or subsequent conduct
  • Section 9: Facts necessary to explain or introduce relevant facts
  • Section 10: Things said or done by conspirator in reference to common design
  • Section 11: When facts not otherwise relevant become relevant
  • Section 12: In suits for damages, facts tendering to enable court to determine amount are relevant
  • Section 13: Facts relevant when right or custom is in question
  • Section 14: Facts showing existence of state of mind, or of body or bodily feeling
  • Section 15: Facts bearing on question whether act was accidental or intentional
  • Section 16: Existence of course of business when relevant Admissions

Related Topics

Related Acts


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