Section 4 BSA 2023: Relevancy of Facts Forming Part of Same Transaction

Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 deals with facts that form part of the same transaction. It makes connected facts relevant even when they are not themselves facts in issue, provided their connection with a fact in issue or a relevant fact is sufficiently close to make them part of one transaction.

Text of Section 4 of the Bharatiya Sakshya Adhiniyam, 2023

Illustrations under Section 4

1. A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.
2. A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails 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.
3. 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.
4. 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.

Meaning and scope of Section 4 BSA

The basic rule is that a fact need not be an independent fact in issue to become relevant. If it is so closely connected with a fact in issue or another relevant fact that both form part of the same transaction, Section 4 permits the connected fact to be considered as relevant evidence.

The provision focuses on the unity of the transaction rather than only on identity of time or place. The statutory text expressly states that connected events may be relevant even when they occur at different times or different places.

What is meant by the same transaction?

Whether several facts form part of the same transaction depends on the connection between them. Factors such as proximity of time, proximity of place, continuity of action, and unity of purpose may help determine whether the facts form one transaction. No single factor is necessarily conclusive in every case.

Section 4 and the principle of res gestae

Section 4 is commonly discussed with the evidentiary principle known as res gestae. In practical terms, acts, statements, or surrounding circumstances that are inseparably connected with the occurrence in question may become relevant when they form part of the same transaction.

The statutory test remains the controlling test: the fact must be sufficiently connected with a fact in issue or a relevant fact so as to form part of the same transaction.

Difference from the corresponding provision of the Indian Evidence Act, 1872

Section 4 BSA corresponds to Section 6 of the Indian Evidence Act, 1872. The BSA text expressly refers to a fact being connected with a "fact in issue or a relevant fact". This wording should be applied according to the text of the BSA in proceedings governed by the new law.

Key points for understanding Section 4

• The connected fact itself need not be a fact in issue.
• The required connection is that the fact forms part of the same transaction.
• The events need not occur at exactly the same time.
• The events need not occur at exactly the same place.
• Statements, acts, surrounding events, correspondence, and successive acts may be relevant depending on the factual connection.
• Relevancy under Section 4 is determined from the circumstances of the particular case.

Related BSA provisions

Section 4 should be read with the surrounding provisions dealing with relevancy of facts, including Section 3, Section 5, Section 6, and Section 7.

Last reviewed: 12 September 2026.