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Opportunity and Occasion - Differences


Opportunity and Occasion 

Opportunity and occasion are two words that have different meanings and implications in the context of the Indian Evidence Act, 1872. Here is a brief explanation of the difference between opportunity and occasion with special reference to the Indian Evidence Act:

Opportunity 

- Opportunity refers to a favorable circumstance or chance that allows for the occurrence or transaction of relevant facts or facts in issue. Opportunity is one of the criteria for determining the relevancy of facts under Section 7 of the Indian Evidence Act, which states that "Facts which are 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."

 For example, if A is accused of poisoning B, the fact that A knew B's habits and health condition, which afforded an opportunity for the administration of poison, is a relevant fact under Section 7.

Occasion 

- Occasion refers to a specific event or situation that is significant and often celebrated, or a specific opportunity or chance that arises as a result of a particular event or situation. Occasion is not a specific term used in the Indian Evidence Act, but it can be related to the concept of res gestae, which means "things done" or "things said and done". Res gestae is a doctrine that allows the admission of facts which are so connected with a fact in issue as to form part of the same transaction, under Section 6 of the Indian Evidence Act, which states that "Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places."

For example, if A is accused of murdering B by beating him, the fact that B said "A has killed me" before dying, is a relevant fact under Section 6, as it is part of the same transaction and occasion of the murder.

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