Section 3 BSA: Evidence may be given of facts in issue and relevant facts

Bharatiya Sakshya Adhiniyam, 2023

Section 3 BSA at a Glance

Section 3 BSA deals with evidence may be given of facts in issue and relevant facts. It replaced Section 5 IEA on 1 July 2024.

Was IEA

Section 5 →

Section 3 BSA Bare Act Text

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).

Source: Section 3, Bharatiya Sakshya Adhiniyam, 2023

Section 3 BSA in Simple Words

Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 sets the boundary for what evidence can be given in court from 1 July 2024. In any suit (a civil case) or proceeding, a party may give evidence about facts in issue (the core disputed facts). A party may also give evidence about other facts that the Adhiniyam declares relevant, and nothing else.

Such evidence can show either the existence or the non-existence of those facts. In a trial for murder with a club, the beating, causing death, and intending death are facts in issue.

Section 3 BSA does not override laws relating to civil procedure. If civil procedure law bars a person from proving a fact, Section 3 BSA does not allow it. A party relying on a bond must bring it ready to produce at the first hearing. Otherwise, the Adhiniyam does not allow producing or proving the bond later unless Code of Civil Procedure, 1908 conditions are met.

When Section 3 BSA Applies

  • 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.

Example of Section 3 BSA

In August 2024, Anita files a suit in Jaipur over a grain shipment that Farhan agreed to deliver. Whether Farhan delivered the grain and followed the contract terms are facts in issue. At the hearing, Farhan tries to give evidence of an unrelated neighbourhood dispute involving Anita. Under Section 3 BSA, the court shuts out the unrelated dispute and takes evidence only on the grain shipment.

When Section 3 BSA Does Not Apply

  • Does not allow evidence of any fact that is neither a fact in issue nor declared relevant by the Adhiniyam.
  • Does not allow a person to prove a fact when civil procedure law bars that person from proving it.

Section 3 BSA in the IEA (Previous Law)

Section 3 BSA replaces Section 5 IEA from the old criminal code.

Section 5 of the Indian Evidence Act, 1872 became Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The illustration now gives the year of the Code of Civil Procedure, 1908.

FAQs on Section 3 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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