Relevancy of facts forming part of same transaction.
What this section does
Facts that are not themselves in issue but are so connected with a fact in issue or a relevant fact as to form part of the same transaction are relevant, regardless of whether they occurred at the same time and place or at different times and places. This is the res gestae principle. The connection must be such that the facts together constitute one continuous transaction.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Facts forming part of the same transaction as a fact in issue are relevant (res gestae rule).
When it applies
- Words said by bystanders at the time of a beating that is the subject of a murder charge are relevant as part of the same transaction.
- In a prosecution for waging war, destruction of property and attacks on troops forming part of the same insurrection are relevant even if the accused was not present at each incident.
Practitioner note
Corresponds to the common-law res gestae doctrine; Indian courts have applied this broadly — see R v. Foster and Sukhar v. State of U.P.
Derived from IEA s.6.
Read the official text
For the binding statutory text of BSA Section 4, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 4 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.