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Report No. 185

Section 7

Facts which are the occasion, cause or effect of facts in issue.

The section reads: "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, or which afforded an opportunity for their occurrence or transaction, are relevant".

There are three illustrations below this section.

In the 69th Report, it was stated (see para 7.53) that there is no need for change of section 7.

The Supreme Court observed that, like a photograph of a relevant incident, a contemporaneous tape record of a relevant conversation is a relevant fact admissible under section 7 and 8. The imprint on the magnetic tape is the direct effect of the relevant sources. Thus, if a statement is relevant, an accurate tape record of the statement is also relevant and admissible (Yusuf Alli v. State: AIR 1968 SC 147), R.M. Malkani v. State AIR1973 SC157; Ziyauddin v. Brijmohan, AIR 1975 SC 1788.

The case law has sufficiently explained section 7. No further amendment is necessary.



Review of the Indian Evidence Act, 1872 Back




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