Law Maker

PART II · CHAPTER II RELEVANCY OF FACTS

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

The Bharatiya Sakshya Adhiniyam, 2023

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).

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

3 questions in 15 of our papers cite Section 3. Try these from the free papers:

  1. 1. In a civil suit, the plaintiff relies on a bond but does not bring it with him or have it ready for production at the first hearing, as the Code of Civil Procedure, 1908 requires. At a later stage he seeks to produce it, arguing that Section 3 of the BSA allows evidence of every fact in issue. Under Section 3 of the BSA:

  2. 2. Under Section 3 of the BSA, evidence may be given in any suit or proceeding of:

Practise questions on Bharatiya Sakshya Adhiniyam