relevancy and admissibility

A fact is relevant when it is connected with the fact in issue in one of the ways set out in ss.3 to 50 of the Bharatiya Sakshya Adhiniyam, 2023 (old ss.5 to 55 Evidence Act). Admissibility is a question of law: whether evidence of a relevant fact may be received, given the rules on the mode of proof and the exclusionary rules. Under s.141 BSA (old s.136) the judge decides admissibility and admits evidence only if the fact would be relevant.

Relevancy is based on logic; admissibility on law and policy. Most relevant facts are admissible, but not all: a confession to a police officer may be highly relevant yet inadmissible (s.23 BSA, old ss.25 and 26), and privileged communications are excluded though relevant. A fact that is not relevant is never admissible. Do not use the two words interchangeably in an answer.

Example

The confession was relevant to guilt but inadmissible, because it was made to a police officer.

In Indian law

• Sections 3 and 141, Bharatiya Sakshya Adhiniyam, 2023 (old ss.5 and 136 Evidence Act)
• Section 23, BSA (old ss.25 and 26 Evidence Act): confession to police

See also

relevant fact · fact in issue · evidence · confession

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Methods of dispute resolution: adversarial, inquisitorial and ADR (Alternative Dispute Resolution Systems)
• Arbitration agreement and its drafting (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Stages and procedure of conciliation under Part III (Alternative Dispute Resolution Systems)
• Mediation: meaning, the mediator and essential characteristics (Alternative Dispute Resolution Systems)