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Section 7 of IEA- Section -7 Facts which are the occasion, cause or effect

Section 7 of IEA

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Section -6 IEA

Section -7 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 the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

  • 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 he showed it, or mentioned the fact that he had it, to third persons, are relevant.

  • The question is, 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.

  • 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.

Whether tape recording, photographs, video recording are relevant?

Question arises that Whether tape recording, photographs, video recording can be occasion, cause or effect of facts in issue

Case Law-R. M. Malkani v. State of Maharashtra AIR 1973 SC 157

Tape recordings are admissible but the voice of the person is identified by the maker of the record,Accuracy of what was recorded is established, the possibility of tampering with record is ruled out and the subject matter which was recordedmust be shown as relevant

Ram Singh v. Ram AIR1986 SC 3

The SC held that for accepting tape – recorded evidence, the recorded statement must be sealed and kept in safe of official custody and voice of the speaker should be audible.

Section 7 of IEA

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