What is Section 3 BSA?

Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that limits evidence in a suit or court proceeding to facts in issue and facts declared relevant under the Adhiniyam. It bars parties from giving evidence of any other facts.

Can a party give evidence under Section 3 BSA to show that a fact did not happen?

Yes. Section 3 BSA allows evidence to show either the existence or the non-existence of any fact in issue or relevant fact.

Does Section 3 BSA allow a party to produce a bond later if it was not kept ready at the first hearing?

No. The Explanation to Section 3 BSA states that the Adhiniyam does not let anyone prove a fact when civil procedure law bars that proof. A bond not kept ready at the first hearing can be produced later only under Code of Civil Procedure, 1908 conditions.

What is Section 3 BSA in IEA?

Section 5 IEA. The rule is unchanged in Section 3 BSA, except that the illustration adds the year 1908 for the Code of Civil Procedure.

IEA 5 Is Now BSA 3: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	5	3
Heading	Evidence may be given of facts in issue and relevant facts	Same

IEA 5 and BSA 3: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 5, IEA 1872

5. Evidence may be given of facts in issue and relevant facts.—Evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure. Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A’s trial the following facts are in issue:— A’s beating B with the club; A’s causing B’s death by such beating; A’s intention to cause B’s death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.

BSA 2023 (in force)

Section 3, BSA 2023

3. Evidence may be given of facts in issue and relevant facts.—Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Illustrations. (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A’s trial the following facts are in issue:— A’s beating B with the club; A’s causing B’s death by such beating; A’s intention to cause B’s death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure, 1908 (5 of 1908).

When It Applies: IEA 5 vs BSA 3

Under IEA 5

Applies to any party or witness giving evidence in a suit or court proceeding.
Allows evidence to show whether any fact in issue exists or does not exist.
Allows evidence of other facts only if the Act declares those facts to be relevant.

Under BSA 3

Applies to any party or witness giving evidence in a suit or court proceeding.
Allows evidence to show whether any fact in issue exists or does not exist.
Allows evidence of other facts only if the Adhiniyam declares those facts to be relevant.

What IEA 5 to BSA 3 Means in Practice

The rule is unchanged from Section 5 IEA, so the same restriction to facts in issue and relevant facts applies. A party should cite Section 3 BSA for matters governed by the BSA. The illustration adds 1908 for the Code of Civil Procedure.

IEA 5 to BSA 3: Evidence may be given of facts in issue and relevant facts

IEA 5 to BSA 3 at a Glance

What Changed From IEA 5 to BSA 3?

IEA 5 vs BSA 3: Comparison Table

IEA 5 and BSA 3: Bare Act Text Side by Side

When It Applies: IEA 5 vs BSA 3

What IEA 5 to BSA 3 Means in Practice