IEA 13→BSA 11

IEA 13 to BSA 11: Facts relevant when right or custom is in question

Section 13 IEA (1872) replaced by Section 11 BSA (2023)

View IEA Section 13 →View BSA Section 11 →

IEA 13 to BSA 11 at a Glance

Section 13 IEA (Facts relevant when right or custom is in question) is now Section 11 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 13 to BSA 11?

Section 13 of the Indian Evidence Act, 1872 became Section 11 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The label "Illustrations" reads "Illustration".

IEA 13 vs BSA 11: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section1311
HeadingFacts relevant when right or custom is in questionSame

IEA 13 and BSA 11: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 13, IEA 1872

13. Facts relevant when right or custom is in question.—Where the question is as to the existence of any right or custom, the following facts are relevant:— (a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. Illustrations The question is, whether A has a right to a fishery. A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.
BSA 2023 (in force)

Section 11, BSA 2023

11. Facts relevant when right or custom is in question.—Where the question is as to the existence of any right or custom, the following facts are relevant— (a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. Illustration. The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.

When It Applies: IEA 13 vs BSA 11

Under IEA 13
  1. A party in a case where the court has to decide whether any right or custom exists.
  2. A party relying on a transaction that set up, claimed, altered, accepted, insisted upon, or rejected the right or custom, or a transaction that conflicts with it.
  3. A party pointing to specific occasions when the right or custom was claimed, accepted, or used, or when its use was challenged, insisted upon, or not followed.
Under BSA 11
  1. A party in a case where the court has to decide whether any right or custom exists.
  2. A party relying on a transaction that set up, claimed, altered, accepted, insisted upon, or rejected the right or custom, or a transaction that conflicts with it.
  3. A party pointing to specific occasions when the right or custom was claimed, accepted, or used, or when its use was challenged, insisted upon, or not followed.

What IEA 13 to BSA 11 Means in Practice

Section 13 IEA became Section 11 BSA on 1 July 2024 with no substantive change, and the heading for the example reads Illustration instead of Illustrations. The same rule on proving or disproving a right or custom applies in full. For matters governed by the BSA, parties should cite Section 11 BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·