Section 07 of Indian Evidence Act ( Facts which are the occasion, cause or effect of facts in issue)

7. Facts which are the occasion, cause or effect of facts in issue.—Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.

Illustrations

(a) The question is, whether A robbed B.

The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant.

(b) The question is, whether A murdered B.

Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts.

(c) The question is, whether A poisoned B.

The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts.

► Conditions for admissibility of tape recording.—A tape-recorded statement is admissible in evidence, subject to the following conditions:— (1) The voice of the speaker must be identified by the maker of the record or other persons recognising his voice. Where the maker is unable to identify the voice, strict proof will be required to determine whether or not it was the voice of the alleged speaker. (2) The accuracy of the tape-recorded statement must be proved by the maker of the record by satisfactory evidence: direct or circumstantial. (3) Possibility of tampering with, or erasure of any part of, the tape-recorded statement must be totally excluded. (4) The tape-recorded statement must be relevant. (5) The recorded cassette must be sealed and must be kept in safe or official custody. (6) The voice of the particular speaker must be clearly audible and must not be lost or distorted by other sounds or disturbances, Ram Singh v. Col. Ram Singh, 1985 Supp SCC 611. See also R.M. Malkani v. State of Maharashtra, (1973) 1 SCC 471 : 1973 SCC (Cri) 399. The tape and its contents are to be relied on not only for corroborating the evidence of the maker thereof and the person whose statement he recorded but also as res gestae under Sections 6, 7 & 8 of the Evidence Act, Ram Singh v. Col. Ram Singh, 1985 Supp SCC 611.