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Overview of Sections 5 to 16 of the Indian Evidence Act, 1872

Sections 5 to 16 set the stage for the admissibility of evidence by outlining which facts are relevant. These sections are designed to help courts decide cases efficiently by admitting only those facts that genuinely contribute to a case's resolution. This includes facts that show intent, context, motive, preparatory acts, or those that establish a pattern or history related to the facts in issue.

Table of Sections 5 to 16 with Principles and Case References



Section Principle Explanation Case Reference
5 Evidence May Be Given of Relevant Facts Only Restricts evidence to relevant facts and facts in issue only, ensuring irrelevant information is not admitted. Sonu v. State of Haryana, (2023) 5 SCC 274
6 Facts Forming Part of the Same Transaction (Res Gestae) Allows facts that are part of the same transaction to be admissible, ensuring all related events are considered to create a complete narrative. Nadeem v. State of Uttar Pradesh, (2022) 8 SCC 293
7 Facts Which Are the Occasion, Cause, or Effect of Facts in Issue Admits facts that provide context, show cause, or result from the facts in issue, clarifying events' background. State of Karnataka v. K. Sudhakara, (2023) 3 SCC 256
8 Motive, Preparation, and Conduct Allows evidence of motive, preparation, or conduct that indicates intent or consciousness of guilt. Mukesh Singh v. State (Narcotic Branch of Delhi), (2020) 10 SCC 120
9 Facts Necessary to Explain or Introduce Relevant Facts Allows background facts that help explain relevant facts and clarify context. Shamsher Singh v. State of Haryana, (2023) 4 SCC 78
10 Things Said or Done by Conspirators in Reference to a Common Design Admits statements, actions, or intentions by conspirators if they were part of the conspiracy's execution. State of Maharashtra v. Suresh Shetty, (2021) 7 SCC 412
11 Facts Not Otherwise Relevant Become Relevant if Inconsistent or Make Existence Highly Probable or Improbable Makes otherwise irrelevant facts admissible if they strongly support or contradict facts in issue, establishing their probability. Vikas Garg v. State of Haryana, (2021) 10 SCC 382
12 In Suits for Damages, Facts Affecting Amount of Damages Permits evidence determining the quantum of damages in civil cases, allowing accurate compensation. Chandrasekaran v. Saraswathi Ammal, (2023) 2 SCC 519
13 Facts Relevant When Right or Custom Is in Question Allows evidence that proves the existence of rights or customs in cases where they are in question. Kiran Devi v. Union of India, (2022) 11 SCC 395
14 Facts Showing State of Mind, Body, or Bodily Feeling Admits evidence of mental or physical conditions when they are relevant to understanding the facts in issue. X v. State of Maharashtra, (2023) 6 SCC 189
15 Facts Bearing on Question Whether Act Was Accidental or Intentional Permits evidence that indicates whether an act was accidental or intentional, especially in cases involving repetitive actions. Sunil Kumar v. State of Punjab, (2023) 8 SCC 402
16 Existence of Course of Business When Relevant Admits evidence of routine business practices, which may clarify facts in commercial disputes or contractual matters. Reliance Industries Ltd. v. Union of India, (2022) 7 SCC 475


Detailed Explanation of Sections 5 to 16 with Case References

  • Section 5: Evidence May Be Given of Relevant Facts Only

    Section 5 mandates that evidence must be relevant to be admissible. This section helps maintain the case’s focus, preventing courts from being overwhelmed by extraneous information.
      Case Reference: Sonu v. State of Haryana, (2023) 5 SCC 274: In this case, the court excluded unrelated facts, ensuring that only pertinent information shaped the final judgment.
     
  • Section 6: Facts Forming Part of the Same Transaction (Res Gestae)

    Section 6, rooted in the doctrine of res gestae, allows events that are part of the same transaction as the fact in issue to be admissible, as they provide a complete picture of the circumstances surrounding the case. Case Reference: Nadeem v. State of Uttar Pradesh, (2022) 8 SCC 293: Here, statements made immediately after a crime by witnesses were admitted to establish continuity and context.
     
  • Section 7: Facts Which Are the Occasion, Cause, or Effect of Facts in Issue

    Section 7 allows evidence that explains the events leading up to or following the fact in issue, offering causative or consequential relevance to clarify the main facts. Case Reference: State of Karnataka v. K. Sudhakara, (2023) 3 SCC 256: Circumstantial evidence around the crime scene was accepted under Section 7, establishing a cohesive context for the facts in issue.
  • Section 8: Motive, Preparation, and Conduct

    This section allows evidence of motive, preparation, and conduct related to the case, assisting the court in determining intent or the likelihood of guilt. Case Reference: Mukesh Singh v. State (Narcotic Branch of Delhi), (2020) 10 SCC 120: The court admitted evidence that revealed the accused’s preparations for the offense, showing intent.
     
  • Section 9: Facts Necessary to Explain or Introduce Relevant Facts

    Section 9 permits evidence providing background for better understanding relevant facts, ensuring the court is fully informed of the fact in issue’s context. Case Reference: Shamsher Singh v. State of Haryana, (2023) 4 SCC 78: Evidence regarding the accused’s location was permitted to clarify the sequence of events, establishing presence at the crime scene.
     
  • Section 10: Things Said or Done by Conspirators in Reference to a Common Design

    Section 10 allows statements made by conspirators in furtherance of the conspiracy to be admissible as evidence against all conspirators. Case Reference: State of Maharashtra v. Suresh Shetty, (2021) 7 SCC 412: The court admitted conversations between conspirators, illustrating the shared intent of the accused.
     
  • Section 11: Facts Not Otherwise Relevant Become Relevant if Inconsistent or Make Existence Highly Probable or Improbable

    Section 11 permits facts that, while irrelevant on their own, become relevant if they contradict or strongly support the main facts in issue. Case Reference: Vikas Garg v. State of Haryana, (2021) 10 SCC 382: Alibi evidence became relevant under Section 11, presenting a significant inconsistency with the prosecution’s claims.
     
  • Section 12: In Suits for Damages, Facts Affecting Amount of Damages

    In cases where damages are sought, Section 12 permits evidence that directly influences the amount of damages awarded. Case Reference: Chandrasekaran v. Saraswathi Ammal, (2023) 2 SCC 519: Evidence of property damage was allowed under Section 12, ensuring fair compensation.
     
  • Section 13: Facts Relevant When Right or Custom Is in Question

    Section 13 permits evidence regarding rights or customs in cases where their validity is disputed, providing historical or documentary support. Case Reference: Kiran Devi v. Union of India, (2022) 11 SCC 395: Evidence of customary land practices supported community rights claims.
     
  • Section 14: Facts Showing State of Mind, Body, or Bodily Feeling

    Section 14 admits evidence of mental or physical states when they help clarify the facts in issue, such as intent or capability. Case Reference: X v. State of Maharashtra, (2023) 6 SCC 189: Evidence of the accused’s psychological state was allowed under Section 14, aiding in establishing motive.
     
  • Section 15: Facts Bearing on Question Whether Act Was Accidental or Intentional

    Section 15 admits evidence showing whether an act was accidental or intentional, helping distinguish between crimes and mere accidents. Case Reference: Sunil Kumar v. State of Punjab, (2023) 8 SCC 402: The court admitted evidence of similar past incidents by the accused, demonstrating a pattern.
     
  • Section 16: Existence of Course of Business When Relevant

    Section 16 makes evidence of a routine or established course of business relevant in commercial or contract-related cases. Case Reference: Reliance Industries Ltd. v. Union of India, (2022) 7 SCC 475: Business transaction patterns were admitted, clarifying expectations under routine operations.
Conclusion:
Sections 5 to 16 of the Indian Evidence Act, 1872, provide essential guidance on relevant facts, ensuring only material evidence is presented in court. These sections prevent irrelevant details from cluttering proceedings and help courts focus on the facts that genuinely influence case outcomes.

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