Section 13 IEA: Facts relevant when right or custom is in question

Indian Evidence Act, 1872

Section 13 IEA at a Glance

Section 13 IEA deals with facts relevant when right or custom is in question. From 1 July 2024 it is replaced by Section 11 BSA.

Now BSA

Section 11 →

Section 13 IEA Bare Act Text

13. Facts relevant when right or custom is in question
Where the question is as to the existence of any right or custom, the following facts are relevant:—
(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations
The question is, whether A has a right to a fishery.
A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.

Source: Section 13, Indian Evidence Act, 1872

Section 13 IEA in Simple Words

Section 13 of the Indian Evidence Act, 1872 sets out which facts are relevant when a court has to decide whether a right or a custom exists. It lets parties bring forward past dealings and specific occasions that either support or go against the claimed right or custom.

Under Section 13 IEA, a party can rely on any transaction through which the right or custom was set up, claimed, altered, accepted, insisted upon, or rejected. A party opposing the claim can also point to a transaction that conflicts with the existence of that right or custom.

The Act also makes specific past occasions relevant. A party can show occasions when people claimed, accepted, or used the right or custom, or occasions when others challenged, resisted, or stepped away from it. In the illustration to Section 13 IEA, a person claims a fishery right. An ancestral deed, a mortgage or conflicting grant by the father, past fishing, and occasions when neighbours stopped it are all relevant facts.

When Section 13 IEA Applies

A party in a case where the court has to decide whether any right or custom exists.
A party relying on a transaction that set up, claimed, altered, accepted, insisted upon, or rejected the right or custom, or a transaction that conflicts with it.
A party pointing to specific occasions when the right or custom was claimed, accepted, or used, or when its use was challenged, insisted upon, or not followed.

Example of Section 13 IEA

In 2022, Ramesh brings a suit in a court in Jaipur claiming a right of passage across a courtyard owned by Anita. Ramesh produces an old sale deed that granted the passage to the previous owner of the house, along with past occasions when residents used the path. Anita points to a written agreement that closed the gate and past occasions when guards stopped people from crossing the courtyard. Under Section 13 IEA, the deed, the agreement, and the past occasions of use and obstruction are relevant facts for deciding whether the right of passage across the courtyard exists.

Section 13 IEA in the BSA

Section 13 IEA is now covered under Section 11 BSA.

Section 13 of the Indian Evidence Act, 1872 became Section 11 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. The label "Illustrations" reads "Illustration".

View detailed comparison (IEA 13 vs BSA 11) →

FAQs on Section 13 IEA

What is Section 13 IEA?▼

Section 13 of the Indian Evidence Act, 1872 states which facts are relevant when a court has to decide whether a right or a custom exists. It covers transactions and specific past occasions that support, challenge, or conflict with the right or custom.

Can a party use past occasions when a custom was not followed under Section 13 IEA?▼

Yes. Section 13 IEA makes relevant any specific occasion on which the exercise of a right or custom was challenged, insisted upon, or departed from. In the illustration, occasions when neighbours stopped the father from fishing are relevant facts.

Does Section 13 IEA apply to a transaction that goes against the claimed right?▼

Yes. Under clause (a) of Section 13 IEA, any transaction that denied the right or custom, or that was inconsistent with the right existing, is a relevant fact.

What is Section 13 IEA in BSA?▼

Section 11 BSA. Section 13 IEA became Section 11 BSA on 1 July 2024 with no substantive change, and the heading for the example reads Illustration instead of Illustrations.

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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 ·