AIBE Prep › Papers › AIBE XVIII — December 2023 › Q.63
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Q.63
Evidence Act & Bharatiya Sakshya Adhiniyam Medium Illustration-Based
Bare Act Indian Evidence Act, 1872 · Section 6, Illustration

A is accused of murder of B by beating him. Which of the following will not be considered as relevant fact forming part of the same transaction as per the Indian Evidence Act, 1872?

A Whatever said by A or B at the time of beating
B Whatever done by A or B at the time of beating
C Whatever said by by-standers at the time of beating
✓ Whatever said by A or B a day before the day of beating Answer
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Explanation & Strategy

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Section 6 (res gestae) makes facts relevant only if they form part of the 'same transaction' — contemporaneous statements and acts during the event. Statements made a day before are too remote in time to be part of the same transaction.

  1. 1 Pick up Evidence Act.
  2. 2 Go to Section 6 — Relevancy of facts forming part of same transaction.
  3. 3 Read the illustration: statements/acts by A, B, or bystanders AT THE TIME of the transaction are relevant.
  4. 4 Statements made A DAY BEFORE are NOT part of the same transaction → not relevant under S.6.
The text reads: Section 6: Facts forming part of the same transaction as the fact in issue are relevant. Illustration covers statements during the event, not before.

⚖️ New Criminal Law Mapping (AIBE XXI onwards)

Old: Evidence Act S.6 → New: BSA S.4

BSA S.4 retains the res gestae principle from Evidence Act S.6.

At a Glance
Subject Evidence Act & Bharatiya Sakshya Adhiniyam
Difficulty Medium
Act Indian Evidence Act, 1872
Section Section 6, Illustration
Answer (D) Illustration-Based
Paper AIBE XVIII — December 2023
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📖 Open Book — Reading Mode Indian Evidence Act, 1872