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THEORY:

Relevancy of Facts

Section 6: Facts forming part of the 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 in 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 1Government 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.

This section is based on the English Law of Evidence Doctrine of Res Gestae which means, things done or words spoken. Indian Evidence Act doesn’t use the word Res Gestae but holds that whenever any fact in issue all the facts which form the part of the same transaction becomes relevant.

Sec. 6 read in the light of illustrations appended to it makes the following points clear:

1. Acts including statements which form the part of the transaction of which a fact in issue is also a part are relevant.

2. Such acts and statements may be of the parties to the case or of third persons.
3. They must be contemporaneous with the fact in issue or must be so soon before or after it that it may be considered as part of the same transaction of which the fact in issue is a part.

4. Such acts or statements may take place at the same time and place or at different times and places.

The statement must be a spontaneous statement and not a narrative of the past. This is because if the statement is a spontaneous statement there is no chance of concoction and hence it is reliable. If there is some time gap between the occurrence of the fact and the statement, there is enough time to fabricate facts or to distort the fact, and its reliability is lost. Such statement becomes hearsay. Similarly, an act accompanying the fact in issue is a relevant fact if it is a spontaneous reaction. An act which is done at a later time is a premeditated act and hence is not a relevant fact.

R v Christie

The accused was charged with indecent assault on a five year old boy. Shortly after the assault the boy and his mother came up to the accused and the boy told his mother, “Mom, this is the man.” The evidence of the statement of the boy identifying the accused was admitted as forming the part of the same transaction, but evidence of the boy’s explanation of assault was rejected as hearsay.

R v. Beddingfield

Here, a woman with a cut throat came running out of a house. She was crying continuously but did not say a word about how the injury was caused. However, as soon as her aunt came she told her, O Aunt, see wh