Section 12 IEA: In suits for damages, facts tending to enable Court to determine amount are relevant

Indian Evidence Act, 1872

Section 12 IEA at a Glance

Section 12 IEA deals with in suits for damages, facts tending to enable Court to determine amount are relevant. From 1 July 2024 it is replaced by Section 10 BSA.

Now BSA

Section 10 →

Section 12 IEA Bare Act Text

12. In suits for damages, facts tending to enable Court to determine amount are relevant

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.

Source: Section 12, Indian Evidence Act, 1872

Section 12 IEA in Simple Words

Section 12 of the Indian Evidence Act, 1872 lets a party in a suit (a civil case brought in court) place facts before the court to show how much money ought to be awarded as damages (money claimed for a loss or injury). Whenever a suit claims damages, any fact that helps the court work out the proper sum to award is relevant.

Under the Act, a party does not only bring facts to show that a wrong happened. The party can also bring any fact that enables the court to decide the amount that ought to be awarded in that suit.

When Section 12 IEA Applies

  • A party brings a suit where damages are claimed.
  • A party offers a fact that helps the court work out the sum of damages.
  • The court has to decide the sum of damages that ought to be awarded.

Example of Section 12 IEA

In 2021, Anita files a suit in a court in Bhopal claiming damages from Ramesh after a truck damages the front wall of a bakery. To help the court work out the sum of damages that ought to be awarded, Anita produces the mason bill showing the exact cost of rebuilding that wall. That repair cost directly helps the court decide the amount to award in the suit. Under Section 12 IEA, the fact of the repair cost for the bakery wall is relevant to determining the damages in the suit brought by Anita.

Section 12 IEA in the BSA

Section 12 IEA is now covered under Section 10 BSA.

Section 12 of the Indian Evidence Act, 1872 became Section 10 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Facts tending to enable Court to determine amount are relevant in suits for damages".

View detailed comparison (IEA 12 vs BSA 10) →

FAQs on Section 12 IEA

What is Section 12 IEA?▼

Section 12 of the Indian Evidence Act, 1872 is the rule that applies in suits where damages are claimed. It makes any fact relevant if that fact helps the court work out the sum of damages that ought to be awarded.

Can a party bring facts showing the size of a loss under Section 12 IEA?▼

Yes. In any suit where a party claims damages, Section 12 IEA makes a fact relevant when that fact enables the court to work out the amount of damages that ought to be awarded.

Does Section 12 IEA set a fixed cap or formula for awarding damages?▼

No. Section 12 IEA does not fix a formula or limit for compensation. The rule only makes facts relevant when they help the court decide the sum of damages that ought to be awarded.

What is Section 12 IEA in BSA?▼

Section 10 BSA replaced Section 12 IEA on 1 July 2024 without any change in the wording of the rule. Only the order of phrases in the section heading changed.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·