Section 5 IEA: Evidence may be given of facts in issue and relevant facts

Indian Evidence Act, 1872

Section 5 IEA at a Glance

Section 5 IEA deals with evidence may be given of facts in issue and relevant facts. From 1 July 2024 it is replaced by Section 3 BSA.

Now BSA

Section 3 →

Section 5 IEA Bare Act Text

5. Evidence may be given of facts in issue and relevant facts

Evidence may be given in any suit or proceeding of the existence of 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.

Source: Section 5, Indian Evidence Act, 1872

Section 5 IEA in Simple Words

Section 5 of the Indian Evidence Act, 1872 sets the boundary for what evidence can be given in court. 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 Act 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 5 IEA does not override laws relating to civil procedure. If civil procedure law bars a person from proving a fact, Section 5 IEA does not allow it. A party relying on a bond must bring it ready to produce at the first hearing. Otherwise, the Act does not allow producing or proving the bond later unless Code of Civil Procedure conditions are met.

When Section 5 IEA 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 Act declares those facts to be relevant.

Example of Section 5 IEA

In 2022, Priya files a suit in Pune over a printing press that Ramesh rented. Whether Ramesh damaged the machine and owed repair money are facts in issue. During the trial, Priya tries to bring evidence of an unrelated traffic quarrel involving Ramesh. Under Section 5 IEA, the court shuts out the quarrel and allows evidence only on the rented printing press.

When Section 5 IEA Does Not Apply

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

Section 5 IEA in the BSA

Section 5 IEA is now covered under Section 3 BSA.

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.

View detailed comparison (IEA 5 vs BSA 3) →

FAQs on Section 5 IEA

What is Section 5 IEA?▼

Section 5 of the Indian Evidence Act, 1872 is the rule that limits evidence in a suit or court proceeding to facts in issue and facts declared relevant under the Act. It bars parties from giving evidence of any other facts.

Can a party give evidence under Section 5 IEA that a disputed fact did not happen?▼

Yes. Section 5 IEA allows evidence to show either the existence or the non-existence of any fact in issue or relevant fact.

Does Section 5 IEA let a party produce a document that civil procedure rules bar?▼

No. The Explanation to Section 5 IEA states that the Act 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 conditions.

What is Section 5 IEA in BSA?▼

Section 3 BSA. It replaced Section 5 IEA from 1 July 2024 with the same rule, adding the year of the Code of Civil Procedure in the illustration.

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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 ·