Jasbir is accused of waging war against the Government of India by taking part in an armed…
Section 4 of the BSA makes facts that form part of the same transaction relevant, whether they occurred at the same time and place or at different times and places.…
Choose your answer
Jasbir is accused of waging war against the Government of India by taking part in an armed insurrection. In its course, a police armoury in one district was looted and, the same night, a jail in a neighbouring district was broken open. Jasbir was present only at the armoury. Is the jail-break relevant at his trial?
Answer and explanation
Correct answer D
Section 4 of the BSA makes facts that form part of the same transaction relevant, whether they occurred at the same time and place or at different times and places. Illustration (b) to that section applies this to an armed insurrection, even where the accused was not present at every incident, so the answer is "Yes, as part of the same transaction, even though it happened at a different place and Jasbir was not there". Neither the same place nor the accused's presence is required.
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