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Bharatiya Sakshya Adhiniyam

Section 14

Existence of course of business when relevant

Quick Answer Reference: Section 14 BSA

  • Provision: Section 14 of BSA
  • Act: Bharatiya Sakshya Adhiniyam
  • Classification: RELEVANCY OF FACTS
  • Jurisdiction: India
  • Summary: This section says that if there's a question about whether a particular action was taken, it's relevant to know if there's a usual way of doing things that would have led to that action. For example, if someone is trying to figure out if a letter was sent, it's relevant to know if it's the usual practice to send letters from a certain place.
Statutory Content

What does Section 14 of BSA say?

When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations. (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. Admissions

Indian StandardSection 14, Bharatiya Sakshya Adhiniyam
Bluebook (21st ed.)Bharatiya Sakshya Adhiniyam, § 14 (India)
Court Pleading StandardSection 14 of the Bharatiya Sakshya Adhiniyam
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-sakshya-adhiniyam/14

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).
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Section Meaning & Purpose

What does Section 14 of BSA mean?

Plain English Explanation

This section says that if there's a question about whether a particular action was taken, it's relevant to know if there's a usual way of doing things that would have led to that action. For example, if someone is trying to figure out if a letter was sent, it's relevant to know if it's the usual practice to send letters from a certain place.

Practical Interpretation

In real-life legal practice, this section helps courts determine the relevance of evidence related to a usual course of business. For instance, if a company has a policy of sending all invoices via email, it's relevant to know if an invoice was sent via email in a particular case.

Core Legal Purpose

The core purpose of this section is to provide a framework for determining the relevance of evidence related to a usual course of business. It helps courts to identify patterns and practices that can be used to infer whether a particular action was taken.

Key Legal Elements
  • There is a question about whether a particular act was done.
  • There is a usual course of business that would have led to the act being done.
  • The usual course of business is relevant to determining whether the act was done.
  • The usual course of business must be consistent with the facts of the case.
Practical Example

Practical Example of Section 14 BSA

Rajesh, a manager at a large company, is trying to figure out if a particular letter was sent to Priya, a customer. The company has a usual practice of sending all letters from a certain place to the post office. In this case, the letter was put in that place, and it's likely that it was sent. This is an example of how Section 14 of BSA applies in everyday situations.

Common Questions (FAQ)

Frequently Asked Questions about Section 14 BSA

Q: What is the punishment or consequence under Section 14 of BSA?

Section 14 of BSA does not impose any punishment or consequence. It is a provision that deals with the relevance of evidence related to a usual course of business.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities. It is a general provision that deals with the relevance of evidence related to a usual course of business, and it can be applied in a wide range of contexts.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with criminal offenses, so it is not bailable or cognizable.

People Also Ask (PAA)

Common Questions about Section 14 BSA

What is Section 14 of BSA?

Section 14 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Existence of course of business when relevant". In plain terms: This section says that if there's a question about whether a particular action was taken, it's relevant to know if there's a usual way of doing things that would have led to that action. For example, if someone is trying to figure out if a letter was sent, it's relevant to know if it's the usual practice to send letters from a certain place.

What are the elements of Section 14 of BSA?

The essential elements of Section 14 of BSA are: There is a question about whether a particular act was done.; There is a usual course of business that would have led to the act being done.; The usual course of business is relevant to determining whether the act was done..

Landmark Case Laws

Landmark Judgments under Section 14 BSA

2014 8 SCC 273

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 14

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