BSA Section 11: Facts relevant when right or custom is in question (formerly IEA 13)
Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024
BSA 11: Facts relevant when right or custom is in question
From 1 July 2024
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 instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.
Illustration.
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
What it replaced in the Evidence Act
BSA 11 ← IEA 13 · Facts relevant when right or custom is in questionNo change
BPR&D's comparison records no change in the text, only a new number.
Printed in both official correspondence tables (BPR&D and NCRB).
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, recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations The question is, whether A has a right to a fishery.
A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 13
They remain the law on IEA 13. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs, page 2.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 10.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.