69. Heading. Detail. 


69. Heading. Detail.

19. Relevancy of fact forming part of same transaction.. Fact which though not in issue; are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places.

20. Facts which are the occasion, cause or effect of facts in issue.  Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts, in issue or which constitute that state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant

Illustrations

(a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that lie showed a or mentioned the fact that he had it, to third person, are relevant.

‑ (b) The question it, whether a murdered B.

Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is whether A poisoned B.

The state of B's health before the symptoms ascribed to poison, and habits of B; known to A, which afforded an, opportunity for the administration of poison, are relevant facts.

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21. Motive, preparation and previous or subsequent conduct. (1) Any fact is relevant which shows or constitutes a notice or preparation for any fact in issue or relevant fact.

(2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.

Explanation.‑‑The word "conduct" in this clause does not include statements, unless those statements accompany and explain acts other than statements but this explanation is not to affect the relevancy of statements under any other article of this Order.

Explanation 2.‑‑When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant.

Illustrations

(a) A is tried for the murder of B.

The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are, relevant.

(b) A sues B upon a bond for the payment or money. B denies the making of the bond.

The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant.

(c) A is tried for the murder of B by poison the fact that, before the death of B, A procured poison similar so that which was administered to B, is relevant.

(d) The question is whether a certain document is the will of A.

The facts that, not long before the date of the alleged will A made inquiry into matters to which the provisions of the alleged will relate, that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve, are relevant.

(e) A is accused of a crime.

The facts that, either before or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case on appearance favourable to himself, or that he destroyed or concealed evidence

or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant.

(f) The question is whether A robbed B.

The facts that, after B was robbed, C said in A's presence:

"the Police are coming to look for the man who robbed B", and that immediately afterwards A ran away, are relevant.

(g) The question is whether A owes B rupees 10,000.

The facts that A asked C to lend him money, and that D said to C in A's presence and hearing "I advise you not to trust, for who owes B 10,000 rupees", and that A went away without making any answer, are relevant facts.

(h) The question is whether A committed a crime. .

The fact that A absconded after receiving a letter warning him that inquiry was being made for the criminal, and the contents of the letter, are relevant. ,,

 (i) A is accused of a crime.                                                      

The facts that, after the commission of the alleged crime, lie absconded, or was in possession of property or the proceeds or property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant.

(j) The question is whether A was ravished.

The facts that, shortly after the alleged rape, she made complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant

The fact that, without making a complaint, she said, that she lead been. ravished is not relevant as conduct under this Article though it may be relevant as a dying declaration under Article 46 paragraph (1), or as corroborative evidence under Article 153.

(k) The question is, whether a was robbed.

The fact that, soon after the alleged robbery, be made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant.

The fact that he said he had been robbed without making any complaint is not relevant, as conduct under this Article, though if may be relevant as a dying declaration under Article 46 paragraph (10, or an corroborative evidence under Article 153.

22. 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 anything or person whose identity is relevant or fix the time of 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 dispose may be relevant if it affected the relations between A and B.

(c) A is accused of a crime.

The fact that, soon after commission of the crime. A absconded from has house, is relevant under Article 21, as conduct subsequent to and affected by facts is issue.

The fact that at the time when be left home he had sudden and urgent business at the place to which he went, is relevant, an rending to explain the fact that he left home suddenly.

The details of the business on which he left are hot relevant, except is so far as they are necessary to show that the business was sudden and urgent.

(d) A sues B fox inducing L 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 you are to hide this". B's statement is relevant at explanatory of a fact which is part of the transaction.

(1) A is tried for a riot and is proved to have marched at the head of a mob. The cries of a mob are relevant as explanatory of the nature of the transaction.

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23. 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 that existence of the conspiring as for the purpose of showing, that any such person was a party to it.

Illustrations

Reasonable ground exist for believing that A has joined in A conspiring to wage war against Pakistan.

The fact that B procured arms in Europe for the purpose of the conspiracy, C collected money in Peshawar for a like object, D persuaded persons to join the conspiracy in Karachi, E published writings advocating the object in view at Multan, and F transmitted from Lahore to G at Kabul the money which C had collected at Peshawar and contents of a letter written by H giving an account of the conspiring 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 been taken place before he joined the conspiracy or after he left it.

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24. When facts not otherwise relevant become relevant. Facts not otherwise relevant are relevant‑‑

(1)  if they are inconsistent with fact in issue or relevant fact;

(2)  if by themselves or in connection with other facts they make the existence or nonexistence of any fact in issue or relevant fact highly probable or improbable.

Illustrations

(a) The question is, whether A committed a crime at Peshawar on a certain day.

The fact that, on that day, A was at Lahore, is relevant.

The fact that near the time when the crime was committed, a was at A distance from the place where it was committed, which would render it highly improbable though not impossible, that he committed it, is relevant.

(b) The question is, whether a committed a crime.

The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one‑else and that it was not committed be either B, C or D, is relevant.

 

25. In suits for damages facts intending to enable Court to determine amount are relevant. 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.. 

26. Facts relevant when right or custom is in question. Where the question is as to the existence of any right or custom, the following facts are relevant:‑‑

(a)            any transaction by which the right or custom in question was

created, claimed, modified, recognised, asserted or denied, or which was in consistent with its existence;

(b)  particular instance in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.

illustration

The question is whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a

subsequent grant of the fishery by A's father, irreconcilable with mortgage particulars instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.

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