Section 16 IEA: Existence of course of business when relevant
Indian Evidence Act, 1872
Section 16 IEA at a Glance
Section 16 IEA deals with existence of course of business when relevant. From 1 July 2024 it is replaced by Section 14 BSA.
Section 16 IEA Bare Act Text
16. 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 despatched.
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 Dead Letter Office, are relevant.
Source: Section 16, Indian Evidence Act, 1872
Section 16 IEA in Simple Words
Section 16 of the Indian Evidence Act, 1872 lets a party use a regular business routine to help show that a specific act took place. It applies whenever a court has to decide whether a specific act was done.
Direct proof of every routine step is not always available. Under Section 16 IEA, if there was an established course of business (a regular way in which work was carried out) under which the act would naturally happen, the existence of that routine is a relevant fact (something the court can consider in deciding the question).
The illustrations in the Act show how this works with letters. To show that a letter was despatched, a party can show that letters left in a set place were routinely taken to the post, and that this letter was left there. To show that a letter reached its recipient, it is relevant that the letter was posted in the normal way and did not come back from the Dead Letter Office.
When Section 16 IEA Applies
- A question arises in court about whether a specific act was done.
- A party points to the existence of a regular course of business.
- Following that course of business, the act in question would naturally have been carried out.
Example of Section 16 IEA
Section 16 IEA in the BSA
Section 16 IEA is now covered under Section 14 BSA.
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 detailed comparison (IEA 16 vs BSA 14) →FAQs on Section 16 IEA
What is Section 16 IEA?▼
Section 16 of the Indian Evidence Act, 1872 makes an established business routine relevant when a court has to decide if a specific act took place. If the act would naturally happen under that routine, the court can consider the routine as a relevant fact.
Does Section 16 IEA apply to deciding whether a letter reached its recipient?▼
Yes. An illustration to Section 16 IEA shows that posting a letter in the normal course, combined with its non-return from the Dead Letter Office, is relevant to whether the letter reached the addressee.
Does showing a course of business under Section 16 IEA conclusively prove that the act was done?▼
No. Section 16 IEA only makes the business routine a relevant fact that the court can consider when deciding whether the act took place.
What is Section 16 IEA in BSA?▼
Section 14 BSA replaced Section 16 IEA from 1 July 2024 without any substantive change. In the illustrations, the phrase Dead Letter Office was updated to Return Letter Office and despatched was spelled dispatched.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·