Category: BSA

PART I CHAPTER I PRELIMINARY Short title, application and commencement. (1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023. (2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator. (3) It shall come…

Definitions. (1) In this Adhiniyam, unless the context otherwise requires,— (a) “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard…

Closely connected facts Relevancy of facts forming part of same transaction. Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations.…

PART II CHAPTER II RELEVANCY OF FACTS Evidence may be given of facts in issue and relevant facts. 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…

Facts which are occasion, cause or effect of facts in issue or relevant facts. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant.…

Motive, preparation and previous or subsequent conduct. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in…

Facts necessary to explain or introduce fact in issue or relevant facts. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant,…

Facts showing existence of state of mind, or of body or bodily feeling. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of…

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…

Facts tending to enable Court to determine amount are relevant in suits for damages. 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.