IEA 16 to BSA 14: Existence of course of business when relevant
Section 16 IEA (1872) replaced by Section 14 BSA (2023)
IEA 16 to BSA 14 at a Glance
Section 16 IEA (Existence of course of business when relevant) is now Section 14 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 16 to BSA 14?
Section 16 of the Indian Evidence Act, 1872 became Section 14 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. In the illustration, the "Dead Letter Office" reads "Return Letter Office".
IEA 16 vs BSA 14: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 16 | 14 |
| Heading | Existence of course of business when relevant | Same |
IEA 16 and BSA 14: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 16, IEA 1872
16. Existence of course of business when relevant.—When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.
BSA 2023 (in force)
Section 14, BSA 2023
14. Existence of course of business when relevant.—When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
Illustrations.
(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant.
When It Applies: IEA 16 vs BSA 14
Under IEA 16
- A question arises in court about whether a specific act was done.
- A party points to the existence of a regular course of business.
- Following that course of business, the act in question would naturally have been carried out.
Under BSA 14
- A question arises before the court about whether a specific act was done.
- A regular course of business existed at the relevant time.
- Under that course of business, the act would naturally have been carried out.
What IEA 16 to BSA 14 Means in Practice
The legal rule is unchanged, so the same rule applies in court and parties should cite Section 14 BSA for matters governed by the Adhiniyam. In the illustrations, the phrase Dead Letter Office was replaced with Return Letter Office and the word despatched was spelled dispatched.
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 ·