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You are welcome once, your own website, today we will talk about section 3 and 4 of the Indian evidence Act. What is it? It gives citizens rights to cones.
9. Facts necessary to explain or introduce relevant facts. ––
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing 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 in so far as they are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A, C, on leaving A’s service, says to A ––
“I am leaving you because B has made me a better offer.” This statement is a relevant fact as explanatory of C’s conduct, which is relevant as a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he delivers it––
“A says your are to hide this.” B’s statement is relevant as explanatory of a fact which is part of the transaction. (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction.
explanation
9. Facts necessary to explain or introduce (clearly connected or related) facts. --
Facts necessary to explain or introduce a fact in issue or (clearly connected or related) fact, or which support or argue a guessing (based on what you've been told) suggested by a fact in issue or (clearly connected or related) fact, or which establish the identity of any thing or person whose identity is (clearly connected or related), or fix the time or place at which any fact in issue or (clearly connected or related) fact happened, or which show the relation of parties by whom any such fact was transacted, are (clearly connected or related) in so far as they are necessary for that purpose.
Drawings/pictures
(a) The question is, whether a given document is the will of A.
The state of A's property and of his family at the date of the possible will may be (clearly connected or related) facts.
(b) A sues B for a written lies crediting disgraceful behavior to A; B promises/states as true that the matter accused (of a crime) to be libellous is true.
The position and relations of the parties at the time when the written lies was published may be (clearly connected or related) facts as introductory to the facts in issue. The details of an argument between A and B about a matter unconnected with the possible written lies are unrelated/unimportant, though the fact that there was an argument may be (clearly connected or related) if it affected the relations between A and B.
(c) A is (charged with a crime) of a crime.
The fact that, soon after the commission of the crime, A ran away from his house, is (clearly connected or related), under section 8, as conduct later to and affected by facts in issue. The fact that, at the time when he left home, he had sudden and extremely important business at the place to which he went, is (clearly connected or related), as tending to explain the fact that he left home suddenly. The details of the business on which he left are not (clearly connected or related), except in so far as they are necessary to show that the business was sudden and extremely important.
(d) A sues B for causing C to break a contract of service made by him with A, C, on leaving A's service, says to A --
"I am leaving you because B has made me a better offer." This statement is a (clearly connected or related) fact as explanatory of C's conduct, which is (clearly connected or related) as a fact in issue.
(e) A, (charged with a crime) of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it--
"A says your are to hide this." B's statement is (clearly connected or related) as explanatory of a fact which is part of the transaction. (f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are (clearly connected or related) as explanatory of the nature of the transaction.
10. Things said or done by conspirator in reference to common design. ––
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it.
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the 1 [Government of India]. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it.
explanation -
10. Things said or done by conspirator in reference to common design. --
Where there is reasonable ground to believe that two or more people have secretly planned together to do/perform an offence or a (basis for a lawsuit/something that can be used) wrong, anything said, done or written by any one of such people in reference to their common plan/purpose, after the time when such plan/purpose was first entertained by any one of them, is a (clearly connected or related) fact as against each of the people believed to be so planning (crime), as well for the purpose of proving the existence of the plan (that was put together secretly by a group of people) as for the purpose of showing that any such person was a party to it.
Drawings/pictures
Reasonable ground exists for believing that A has joined in a plan (that was put together secretly by a group of people) to wage war against the 1 [Government of India]. The facts that B got/obtained arms in Europe for the purpose of the plan (that was put together secretly by a group of people), C collected money in Calcutta for a like object, D convinced people to join the plan (that was put together secretly by a group of people) in Bombay, E published writings (trying to get people to believe in and agree with something) the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the plan (that was put together secretly by a group of people), are each (clearly connected or related), both to prove the existence of the plan (that was put together secretly by a group of people), and to prove A's involvement with crime in it, although he may have been (having no knowledge) of all of them, and although the people by whom they were done were strangers to him, and although they may have happened before he joined the plan (that was put together secretly by a group of people) or after he left it.
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