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

Summary

Evidence may be given in any suit or proceeding about whether every fact in issue exists or does not exist, and about such other facts as are declared to be relevant elsewhere in this law. No other facts may be given in evidence.

The Explanation clarifies that this section does not allow any person to give evidence of a fact which he is barred from proving by any provision of the law currently in force relating to civil procedure.

Illustration (a) gives an example: A is tried for murdering B by beating him with a club intending to cause his death. At A's trial, the facts in issue are: A's beating B with the club; A's causing B's death by that beating; and A's intention to cause B's death.

Illustration (b) gives another example: a suitor does not bring with him, and have ready 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 later stage of the proceedings, except in accordance with the conditions prescribed by the Code of Civil Procedure, 1908.

Official Text

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). Closely connected facts

Related Judgments

• YERIKALA SUNKALAMMA & ANR. vs STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE & ORS — Supreme Court of India (2025)
• NEERAJ DUTTA vs STATE (GOVT. OF N.C.T. OF DELHI) — Supreme Court of India (2022)
• MALKIAT SINGH AND ORS vs STATE OF PUNJAB — Supreme Court of India (1991)
• IZHAR AHMAD KHAN vs UNION OF INDIA — Supreme Court of India (1962)

Old <-> New Code Mapping

• IEA §5 — Evidence may be given of facts in issue and relevant facts