Section 6: Relevancy of Facts Forming Part of Same Transaction – Indian Evidence Act, 1872

Section 6 of the Indian Evidence Act, 1872 deals with the relevancy of facts that form part of the same transaction. The provision is commonly associated with the legal principle of res gestae. It allows certain facts or statements, although not directly in issue, to be considered relevant when they are closely connected with the fact in issue.

The main purpose of Section 6 is to consider the surrounding circumstances of an incident when those circumstances are so closely connected with the main event that they form part of one continuous transaction. Such facts may occur at the same place and time or at different places and times, provided there is a sufficient connection between them.

For example, if A attacks B and people standing nearby immediately shout or react to the attack, their spontaneous statements or actions may become relevant under Section 6. The important consideration is whether the statement or fact was sufficiently spontaneous and closely connected to the incident.

Important Judgments on Section 6

In Gentela Vijayavardhan Rao v. State of Andhra Pradesh, (1996) 6 SCC 241, the Supreme Court explained that Section 6 is based on the principles of spontaneity and immediacy. The Court held that a statement must be contemporaneous with the incident or made immediately thereafter. If there is sufficient time for fabrication, it may not qualify as res gestae.

The Supreme Court has also reiterated this principle in later decisions, emphasizing that the connection between the statement or fact and the main occurrence must be close enough to make it part of the same transaction.

It is important to note that the Indian Evidence Act, 1872 was repealed from 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023. However, Section 6 remains relevant when dealing with proceedings governed by the earlier law.