Section 14 BSA: Existence of course of business when relevant

Bharatiya Sakshya Adhiniyam, 2023

Section 14 BSA at a Glance

Section 14 BSA deals with existence of course of business when relevant. It replaced Section 16 IEA on 1 July 2024.

Was IEA

Section 14 BSA Bare Act Text

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.

Source: Section 14, Bharatiya Sakshya Adhiniyam, 2023

Section 14 BSA in Simple Words

Section 14 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party rely on a regular business routine to help show that a specific act was carried out. It applies from 1 July 2024 whenever a court has to decide whether a specific act was done.

A witness may not recall performing one routine task among many. Under Section 14 BSA, if a course of business (an established routine in office or commercial work) existed under which the disputed act would naturally happen, that routine is a relevant fact (something the court can consider when deciding the issue).

The illustrations in the Adhiniyam show how the rule applies to letters. If the question is whether a letter was dispatched, it is relevant that letters placed in a fixed spot were routinely carried to the post and that this letter was put there. If the question is whether a letter reached a person, posting the letter in the normal course and its non-return from the Return Letter Office are relevant facts.

When Section 14 BSA Applies

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.

Example of Section 14 BSA

In November 2024, a court in Kochi has to decide whether a cold-storage depot logged the temperature of a fish consignment upon arrival. Priya supervises the depot and does not independently remember checking that single consignment. Priya shows that under the regular course of business at the depot, every incoming consignment has its temperature recorded at the unloading bay before an entry receipt is issued. Under Section 14 BSA, that regular business routine is a relevant fact when deciding whether the depot logged the temperature of the fish consignment upon arrival.

Section 14 BSA in the IEA (Previous Law)

Section 14 BSA replaces Section 16 IEA from the old criminal code.

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".

View IEA Section 16 →Compare IEA 16 vs BSA 14 →

FAQs on Section 14 BSA

What is Section 14 BSA?▼

Section 14 of the Bharatiya Sakshya Adhiniyam, 2023 makes an established business routine relevant when a court must decide if a specific act was carried out. If the act would naturally occur under that routine, the court can consider the routine as a relevant fact.

Can an office mail routine help show that a letter was dispatched under Section 14 BSA?▼

Yes. An illustration to Section 14 BSA states that leaving a letter in a designated spot, where mail is routinely picked up for the post, is relevant to whether that letter was dispatched.

Is a course of business under Section 14 BSA limited to postal letters?▼

No. While the illustrations to Section 14 BSA use postal letters, the rule itself covers any course of business under which a disputed act would naturally have been done.

What is Section 14 BSA in IEA?▼

Section 16 IEA was the corresponding provision before 1 July 2024, and the legal rule is unchanged. In the illustrations, Dead Letter Office was changed to Return Letter Office and despatched was spelled dispatched.

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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·