SECTIONS 7 and 10 of BSA 2023
Statutory Text of Section 7 (BSA 2023)
“Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by such a fact, or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant insofar as they are necessary for that purpose.”
Purpose and Legal Relevance of Section 7
Section 7 plays a critical supporting role in evidence law. It provides legal recognition to indirect but necessary facts that assist the court in forming a complete and accurate picture of the event being investigated or adjudicated.
The section is especially relevant in:
- Explaining complex transactions
- Establishing background details
- Assisting in identification
- Determining timing and location
- Showing relationships and interactions between people involved in a transaction or dispute
These facts are not directly involved in the dispute but become relevant because they help illuminate a primary fact in issue or another legally relevant fact.
Conceptual Categories of Section 7
1. Facts Necessary to Explain or Introduce a Fact in Issue
Sometimes, a fact in issue or relevant fact may be incomplete or unclear without background information. This provision allows evidence that introduces or explains such facts, even if it is not independently relevant.
Example: In a case where a man is accused of shooting someone, introducing the previous arguments or threats between them becomes important to explain the shooting incident.
2. Facts that Support or Rebut Inferences
Courts often have to make logical inferences from evidence. If a certain fact leads to an inference (e.g., presence at a crime scene = guilt), then any fact that supports or contradicts that inference becomes relevant.
Example: If fingerprints are found on a murder weapon, the defence may rebut the inference of guilt by showing that the weapon had been used previously by the accused in a lawful way (e.g., at a shooting range).
3. Facts Establishing Identity
Identification of a person, object, document, or piece of evidence is often essential. Section 7 allows evidence that helps prove identity, such as:
- Photographs
- Signatures
- DNA profiles
- Voice recordings
- Biometric data
Example: A unique tattoo captured on CCTV footage can establish the identity of the accused.
4. Facts Fixing Time or Place
Events gain legal relevance when they can be tied to a specific time and place. Section 7 permits evidence like:
- CCTV timestamps
- Train or flight tickets
- Calendar entries
- Call logs
- Digital tracking
Example: A phone location log may show the accused was in another city at the time of the alleged crime.
5. Facts Showing Relationship Between Parties
Often, understanding the legal or personal relationship between parties gives context to their actions and words.
Example: Emails showing prior business relations in a breach of contract case may help establish trust and expectations.
Judicial Approach to Section 7
The courts have held that while these facts are not decisive, they are essential for reconstructing the narrative of the case. The section is inclusive, not exclusive—it aims to enable a fuller understanding of the issues by admitting otherwise irrelevant facts that help connect or complete the main evidence.
Case Law Illustration: Basant v. State of UP (1956 AIR 138)
In this case, evidence was introduced to show that the accused was present in the vicinity of the crime scene shortly before the incident. While this fact did not directly prove guilt, it was relevant to connect the accused with the scene. The Supreme Court held that the accused’s presence near the location, even though circumstantial, could be introduced under what is now equivalent to Section 7.
Modern Application of Section 7
Section 7 is regularly used to admit:
- CCTV footage placing someone at a location
- Background correspondence explaining contracts or promises
- Medical records introducing previous conditions
- Audio-visual recordings used to verify voices or faces
- Cell tower records linking presence to time and place
This section is especially useful in digital evidence and forensic contexts, where background data helps courts validate core facts.
SECTION 10: Facts Relevant to Determine the Amount of Damages in Suits for Damages
Statutory Text of Section 10 (BSA 2023)
“In suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant.”
Purpose and Scope of Section 10
Section 10 plays a vital role in civil cases involving compensation or monetary claims. Once liability is established, the court must determine how much compensation (damages) the injured party should receive.
Section 10 allows courts to admit any fact that helps quantify the loss, even if it does not directly relate to the cause of action.
It ensures that the amount of damages awarded is fair, reasonable, and based on evidence—not guesswork or emotion.
Types of Cases Where Section 10 Applies
- Personal Injury Cases: Medical costs, future loss of earnings, pain and suffering.
- Breach of Contract: Lost profits, penalty clauses, business loss.
- Tort Cases: Property damage, defamation, nuisance.
- Employment Disputes: Wrongful termination, unpaid salary.
- Consumer Complaints: Defective goods, poor services, consequential loss.
Kinds of Damages and How They Are Measured
Section 10 applies to all three categories of civil damages:
1. Compensatory Damages:
To restore the plaintiff to the position they were in before the harm occurred.
2. Consequential Damages:
Indirect losses such as lost opportunities or profits due to breach or injury.
3. Aggravated or Special Damages:
Awarded for emotional suffering, defamation, or breach of trust.
Relevant Facts Under Section 10
- Medical bills and expert opinions in injury claims
- Photographic evidence of property damage
- Business accounts and invoices in commercial suits
- Salary slips and employment letters in employment disputes
- Tax filings and income proofs for lost earnings
Illustration:
A person sues for defamation, claiming their reputation was harmed and they lost clients. The court may admit:
- Client termination letters
- Decline in income shown in bank statements
- Market reports showing business damage
These facts help calculate the monetary impact and award appropriate damages.
Legal Significance of Section 10
The principle behind Section 10 is restitution through compensation. Justice in civil law is not just about deciding who was right or wrong—it’s also about restoring balance. Section 10 gives the court the tools to award the right amount.
Without this section, courts would be limited to generic estimates, resulting in arbitrary or unjust awards.
Case Law Illustration: Municipal Corp. of Delhi v. Subhagwanti (AIR 1966 SC 1750)
This case involved the collapse of a clock tower maintained by the municipal corporation, which caused the death of several individuals. The Supreme Court examined the dependents’ income, the age of deceased persons, and their contribution to families to calculate damages. The court stressed the need for structured, fact-based assessment of damages—an approach now codified under Section 10.
Modern Practice of Section 10
Today, courts may admit:
- Actuarial reports estimating future earnings
- Hospital records showing long-term disability
- Market valuations for damaged property
- Expert financial analysis for commercial loss
In defamation and emotional injury cases, psychological assessments and reputation analysis may also be considered.
Conclusion
Section 7:
This provision enables courts to admit facts that build context, establish identity, show relationships, and connect evidence in a way that makes the main fact understandable and believable. It recognizes the interconnected nature of events and allows supporting facts to fill evidentiary gaps.
Section 10:
This section focuses on justice through compensation. It ensures that once liability is proved, damages are awarded based on actual, provable facts, not speculation. It allows every relevant detail that helps the court measure the extent of loss or harm suffered.
Together, Sections 7 and 10 represent the law’s practical wisdom. While Section 7 ensures the full story is heard, Section 10 ensures that the injured party receives just, fact-based compensation.