Relevancy of Facts and Res Gestae Under the BSA (2026)
What makes a fact relevant in court, what res gestae means, how the Bharatiya Sakshya Adhiniyam, 2023 sets out relevancy of facts, and how it maps to Sections 6 to 11 of the old Evidence Act. Last verified October 2026.
Explainer · BSA · Evidence Law
Relevancy of facts is the set of rules that decide which facts a court may receive as evidence, and res gestae is the best known of them: facts that form part of the same transaction are relevant. Res gestae is now Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced Section 6 of the Indian Evidence Act, 1872 from 1 July 2024. These are rules of evidence, not offences, so they carry no punishment. Last verified October 2026.
- What it is: relevancy of facts, the rules that decide which facts a court may receive; res gestae is the best known.
- Res gestae: facts forming part of the same transaction are relevant, now under Section 4 of the BSA, 2023.
- Old law: it replaced Sections 6 to 11 of the Indian Evidence Act, 1872 (res gestae moved from Section 6 to Section 4).
- No punishment: these are evidence rules, not offences, so they carry no punishment.
- Search and track: Claw finds relevancy and res gestae judgments and tracks live cases across 9,102 forums.
01What relevancy of facts means
A court cannot look at everything. It can receive only facts that the law treats as relevant. Relevancy is the gate: a fact gets in if it is connected to the case in one of the ways the law recognises, and stays out if it is not.
The relevancy chapter of the BSA sets out these connections. It starts with the basic rule that evidence may be given of facts in issue and of relevant facts, and then lists the different ways a fact can become relevant, such as facts forming part of the same transaction, the occasion or cause of a fact, motive and conduct, and facts that explain or introduce a relevant fact.
For the lawyer, relevancy is the first question in any objection to evidence. If a fact is not relevant under one of these rules, it does not matter how interesting it is, it does not come in.
02Res gestae and the same transaction
Res gestae means, in plain words, things done as part of the same transaction. Section 4 of the BSA puts it like this: facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction are relevant, whether they happened at the same time and place or at different times and places.
The classic example is a beating. Whatever was said or done by the accused, the victim, or the bystanders at the beating, or so shortly before or after it as to form part of the same event, is relevant. A spontaneous cry, a shout naming the attacker, or an immediate reaction can come in under this rule.
Res gestae lets the court hear the words and acts that are part of the event itself, because they are too closely bound up with it to be separated out.
Res gestae is often discussed as a careful exception to the rule against hearsay. A statement that is truly part of the transaction, made without time to make it up, can be received even though the maker does not testify.
03Relevancy of facts and old Sections 6 to 11: the mapping
The relevancy provisions were renumbered in the BSA. The old Sections 6 to 11 of the Indian Evidence Act, 1872 now sit in the early sections of the BSA, each moved down by two.
| Old law (Indian Evidence Act, 1872) | New law (BSA, 2023) | Subject |
|---|---|---|
| Section 6 | Section 4 | Facts forming part of the same transaction (res gestae) |
| Section 7 | Section 5 | Occasion, cause or effect of facts in issue |
| Section 8 | Section 6 | Motive, preparation and conduct |
| Section 9 | Section 7 | Facts necessary to explain or introduce relevant facts |
| Section 10 | Section 8 | Things said or done by a conspirator |
| Section 11 | Section 9 | When facts not otherwise relevant become relevant |
If you are searching for "section 6 evidence act in bsa", the answer for res gestae is Section 4. The relevancy rules are carried forward with new numbers.
04Is there a punishment? Is it cognizable or bailable?
The relevancy provisions do not create offences, so they carry no punishment. The words cognizable, bailable, and triable by do not apply to them. They are rules of evidence that decide what the court may receive.
The offence being tried, or the right being claimed in a civil suit, is dealt with under its own law. The relevancy rules only decide which facts can be led to prove that offence or claim.
05What changed from the old law
For anyone trained on the old relevancy sections, the change is mainly a renumbering.
- Same rules, new numbers. The relevancy scheme of the old Act carries forward, with res gestae moving from Section 6 to Section 4.
- Res gestae continues. Facts forming part of the same transaction remain relevant, on the same lines as before.
- Settled case law still applies. Because the substance is carried forward, the judgments on relevancy and res gestae continue to guide the courts.
For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA. For a related topic, see the dying declaration under Section 26.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Relevancy and res gestae are argued in a very large number of trials, from assault and murder to commercial disputes, and the courts keep refining when a statement is truly part of the transaction. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have treated res gestae and the relevancy rules, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds.
Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is res gestae under the BSA?
Res gestae means things done as part of the same transaction. Under Section 4 of the Bharatiya Sakshya Adhiniyam, 2023, facts so connected with a fact in issue or a relevant fact as to form part of the same transaction are relevant, whether they happened at the same time and place or at different times and places.
Which section of the Evidence Act is res gestae under the BSA?
Res gestae was Section 6 of the Indian Evidence Act, 1872, and it is now Section 4 of the BSA. The wider relevancy rules of old Sections 6 to 11 are carried into the early sections of the BSA, each moved down by two.
What does relevancy of facts mean?
Relevancy of facts is the set of rules that decide which facts a court may receive as evidence. A fact gets in only if it is connected to the case in one of the ways the law recognises, such as forming part of the same transaction, or showing motive, cause or conduct.
Is res gestae an exception to hearsay?
In practice it works like a careful exception. A statement that is truly part of the transaction, made without time to invent it, can be received even though the maker does not testify, because it is too closely bound up with the event to be separated from it.
What is the punishment for res gestae under the BSA?
There is none. Res gestae and the other relevancy rules are rules of evidence, not offences, so they carry no punishment and the terms cognizable or bailable do not apply to them. The offence or claim itself is dealt with under its own law.
How can I find judgments on res gestae and relevancy?
Claw lets you search 30 crore+ judgments across the Supreme Court and 25 High Courts by section, party or advocate, and track live cases across 9,102 forums, with results in under 5 seconds. You can create a free account to search and track cases under this section.