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.
Bharatiya Sakshya Adhiniyam
Section 11
Facts relevant when right or custom is in question
⚡ Quick Answer Reference: Section 11 BSA
- Provision: Section 11 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section explains what facts are relevant when determining the existence of a right or custom. It considers transactions and instances that created, claimed, or exercised the right, as well as those that disputed or departed from it.
What does Section 11 of BSA say?
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What does Section 11 of BSA mean?
Plain English Explanation
This section explains what facts are relevant when determining the existence of a right or custom. It considers transactions and instances that created, claimed, or exercised the right, as well as those that disputed or departed from it.
Practical Interpretation
In practice, this section helps courts assess the validity of rights or customs by examining past transactions, claims, and exercises of the right, and any disputes or inconsistencies related to it.
Core Legal Purpose
The core purpose is to provide a framework for evaluating evidence related to rights and customs, ensuring that all relevant facts are considered in legal proceedings.
- •Transactions that created, claimed, modified, recognised, asserted, or denied the right or custom
- •Particular instances where the right or custom was claimed, recognised, exercised, disputed, asserted, or departed from
- •The key legal test is whether the fact is relevant to the existence of the right or custom
- •There is no explicit exception or limitation in this section, but the relevance of facts is subject to the court's discretion
Practical Example of Section 11 BSA
Rajesh claims a right to a traditional family temple. Relevant facts include a deed from his ancestors granting them the right, instances where his family exercised this right, and any disputes with neighbours over the temple's use. The court will consider these facts to determine the validity of Rajesh's claim.
Frequently Asked Questions about Section 11 BSA
Q: What is the punishment or consequence under Section 11 of BSA?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any party involved in a legal proceeding where the existence of a right or custom is in question, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is neither bailable nor cognizable. It is a procedural provision related to the admissibility of evidence.
Common Questions about Section 11 BSA
What is Section 11 of BSA?
Section 11 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Facts relevant when right or custom is in question". In plain terms: This section explains what facts are relevant when determining the existence of a right or custom. It considers transactions and instances that created, claimed, or exercised the right, as well as those that disputed or departed from it.
What are the elements of Section 11 of BSA?
The essential elements of Section 11 of BSA are: Transactions that created, claimed, modified, recognised, asserted, or denied the right or custom; Particular instances where the right or custom was claimed, recognised, exercised, disputed, asserted, or departed from; The key legal test is whether the fact is relevant to the existence of the right or custom.
Landmark Judgments under Section 11 BSA
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Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 11
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