Code: Section 3 BSA
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.
Explanation of Section 3 BSA
Section 3 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 lays the foundational principle for the admissibility of evidence in both civil and criminal cases. It allows evidence only regarding:
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Facts in issue: These are the disputed facts directly involved in the suit or proceeding.
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Other facts deemed relevant as per the BSA.
This section explicitly restricts parties from introducing irrelevant or procedurally barred evidence. It also ensures compliance with other legal frameworks, such as the Code of Civil Procedure, 1908.
Key Takeaways:
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Evidence must relate to facts in issue or those legally defined as relevant.
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Evidence cannot override procedural disqualifications under laws like CPC.
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Prevents surprise evidence or attempts to bypass fair procedure.
Illustration
🔸 Example 1: Criminal Trial – Facts in Issue
A is accused of murdering B with a club. At trial, only the following facts are admissible under Section 3:
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A beat B with the club
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B died due to the beating
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A intended to cause B’s death
These are all facts in issue and hence admissible.
🔸 Example 2: Civil Case – Procedural Restriction
A suitor forgets to present a bond at the first hearing. He tries to introduce it at a later stage. Section 3 does not allow this unless permitted by the Code of Civil Procedure, 1908.
Common Questions and Answers on Section 3 BSA
🔹 1. What is a “fact in issue” under the Bharatiya Sakshya Adhiniyam?
A fact in issue is a disputed fact that directly affects the outcome of the case. Courts allow evidence only for such facts and those legally deemed relevant.
🔹 2. Can evidence be given for any fact during trial?
No. Only facts in issue or facts declared relevant under the BSA are admissible.
🔹 3. Can I present a document after the first hearing in a civil case?
Only if it is allowed under the Code of Civil Procedure, 1908. Section 3 does not override those procedural rules.
🔹 4. Does Section 3 apply to both civil and criminal proceedings?
Yes, it applies to any suit or proceeding, including both civil and criminal cases.
Conclusion
Section 3 of the Bharatiya Sakshya Adhiniyam serves as the gateway to what evidence can be admitted in court. It emphasizes the importance of relevance and ensures that evidence is presented within legal boundaries. By filtering out irrelevant or untimely evidence, it upholds the principles of fairness and procedural integrity in judicial proceedings.
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