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. (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. Illustrations. 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).
Bharatiya Sakshya Adhiniyam
Section 3
Evidence may be given of facts in issue and relevant facts
⚡ Quick Answer Reference: Section 3 BSA
- Provision: Section 3 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section allows evidence to be given about facts that are directly relevant to the case and other relevant facts, but not about irrelevant facts.
What does Section 3 of BSA say?
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What does Section 3 of BSA mean?
Plain English Explanation
This section allows evidence to be given about facts that are directly relevant to the case and other relevant facts, but not about irrelevant facts.
Practical Interpretation
In practice, this means that parties to a lawsuit can present evidence about the facts in dispute and other relevant facts, but must follow specific rules and procedures.
Core Legal Purpose
The core purpose of this section is to ensure that only relevant evidence is presented in a lawsuit, helping to establish the truth and fairness of the proceedings.
- •The fact in issue must be directly relevant to the case.
- •The evidence presented must be relevant to the fact in issue.
- •The key legal test is whether the evidence is relevant to the case.
- •A key exception is that evidence cannot be presented if it is disallowed by other provisions of the law, such as the Code of Civil Procedure.
Practical Example of Section 3 BSA
For example, in a case where Rajesh is sued by Priya for allegedly causing damage to her property, Rajesh can present evidence that he was not at the scene of the incident and that the damage was caused by someone else. However, he cannot present evidence about unrelated matters, such as Priya's personal life. If Rajesh wants to present a document as evidence, he must follow the procedures outlined in the Code of Civil Procedure.
Frequently Asked Questions about Section 3 BSA
Q: What is the punishment or consequence under Section 3 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 all parties to a lawsuit, regardless of whether they are private individuals or public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not deal with criminal offences, so it is neither bailable nor cognizable.
Common Questions about Section 3 BSA
What is Section 3 of BSA?
Section 3 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Evidence may be given of facts in issue and relevant facts". In plain terms: This section allows evidence to be given about facts that are directly relevant to the case and other relevant facts, but not about irrelevant facts.
What are the elements of Section 3 of BSA?
The essential elements of Section 3 of BSA are: The fact in issue must be directly relevant to the case.; The evidence presented must be relevant to the fact in issue.; The key legal test is whether the evidence is relevant to the case..
Landmark Judgments under Section 3 BSA
Sections commonly cited alongside Section 3
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