§ SECTION 7 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Facts necessary to explain or introduce fact in issue or relevant facts

The helper section: facts that set the scene, test an inference, fix identity, time, place or the relations of the parties — admitted strictly as far as necessary, no further.

How to read Section 7

Five jobs, one leash, and a close partnership with §§ 4–6.

What it is about

Facts with helper jobs: explain or introduce, support or rebut an inference, establish identity, fix time and place, show the relations of the parties.

The leash

“In so far as they are necessary for that purpose” — the helper enters only to do its job; its surplus detail stays outside.

Partner of §§ 4–6

The illustrations plug straight into the earlier routes — explaining conduct made relevant by § 6, or acts inside a § 4 transaction.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 7 · verbatim

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 a relevant 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 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 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A 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 you 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.

In short: the trial needs stagehands — facts that introduce the story, test its inferences, fix who, when, where, and show how the parties stand. They are all relevant — but each only as far as its job requires.

→ § 7 works arm-in-arm with §§ 4–6: it explains the conduct and transactions they let in — and its own leash keeps the background from swallowing the case.

Glossary

introductory facts

Scene-setters — the state of things that makes the main fact intelligible.

inference

What a fact seems to suggest — § 7 lets in facts that support or rebut that suggestion.

identity

Of a person or a thing — the red shirt, the registration number, the scar.

relation of parties

How the actors stand to each other — rivals, master and servant, husband and wife.

in so far as necessary

The leash — the helper fact enters only to the extent its purpose demands.

The picture

Five stagehands around the main fact — and the leash that holds them.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleThe Illustrations

the ruleFive odd-jobs — on one leash

In one lineHelper facts come in for five jobs: explain/introduce · support/rebut an inference · identity · time & place · relations — but only as far as necessary.

Facts necessary to explain or introduce a fact in issue or relevant fact,job 1 · set the scenebackground that makes the main fact intelligible — the introduction.

or which support or rebut an inference suggested by a fact in issue or a relevant fact,job 2 · test the inferenceprops up — or knocks down — what a fact seems to suggest (the sudden departure in illustration (c)).

or which establish the identity of anything, or person whose identity, is relevant,job 3 · who / whatfixes the identity of a thing or a person.

or fix the time or place at which any fact in issue or relevant fact happened,job 4 · when / wherepins the event to a time and a place.

or which show the relation of parties by whom any such fact was transacted,job 5 · how they standshows the relationship between the people in the story.

are relevant in so far as they are necessary for that purpose.⚠ the leashthe strict limit: only as far as the purpose needs — the details beyond it stay out.

ExampleA stabbing at a crowded market: the shopkeeper’s evidence that the attacker wore a red shirt (identity), the CCTV timestamp (time), and that the two men were business rivals (relation of parties) — helpers all, each admitted only as far as its job needs.

✗ Not thisThis section never lets the background swallow the trial. Illustration (c) draws the line itself: that the business was sudden and urgent comes in — the details of the business do not, except so far as needed.

IllustrationsThe six pictures the Act itself gives

In one lineA will’s setting · a libel’s backdrop · an explained departure · a servant’s parting words · a whispered hand-over · a mob’s cries.

(a) the willintroducethe state of A’s property and family at the will’s date sets the scene:

(b) the libelrelations + the leashthe parties’ position and relations come in; an unconnected dispute’s details do not:

(c) the departurerebut the inferencesudden urgent business explains the sudden departure that § 6 made relevant — but its details stay out:

(d) the parting servantexplain conduct“B has made me a better offer” explains C’s conduct:

(e) the hand-overexplain the transaction“A says you are to hide this” explains an act inside the transaction:

(f) the riotexplain the transactionthe cries of the mob show what the march was:

ExampleWatch the leash run through the gallery: (b) and (c) both admit the helper and shut out its excess detail — the section giveth, and the same section limiteth.

Connected provisions

§ 6

IEA 1872, § 9

This provision carries forward section 9 of the repealed Evidence Act.

BSA 2023 — Section 7: Facts necessary to explain or introduce