When it involves legal proceedings, supplying the right and correct form of evidence is crucial for proving the facts of a case. Section 3 of BSA, tells what kind of evidence can be used in a courtroom. Earlier this section was under Section 5 of Indian Evidence Act,1872.
Section 3 of Bharatiya Sakshya Adhiniyam,2023 (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.”
In easier way ,the aforementioned paragraph tells that during any legal proceeding , you can only present evidence that is directly related to:
- Facts in Issue: They are the core facts that are being disputed in the case.
- Relevant Facts: They are the additional facts that explain or give more insight about the facts in issue.
Explanation
Further explanation of this section:
“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.”
The aforementioned paragraph simply means that,if any legal rule specifically forbids the fact even though the fact is relevant or directly related to the case, it cannot be used as an evidence.Like for example ,certain facts might be excluded because of procedural rules under the Code of Civil Procedure, 1908.
Illustrations
Understanding Section 3 of BSA ,with few examples-
Example 1:
‘A’ is on trial for the murder of ‘B’. ‘A’ is accused of beating ‘B’ with a club with the intention of causing B’s death.
Facts in Issue:
- Whether A beat B with the club?
- Whether the beating caused B’s death?
- Whether A intended to cause B’s death?
Each of these factors are directly related to the charge of murder and is thus considered a fact in issue.
Example 2:
A suitor fails to bring a crucial bond to the first hearing of his case, a bond on which he is relying.
Implication:
- The condition does not allow the bond to be introduced by the suitor in another stage or prove its contents unless he complies with such conditions as are provided under Code of Civil Procedure, 1908.
- This example shows that there is a limitation laid down by Cpc,1908. Even if the bond is very important to the case, the rules about when and how to present it must be followed exactly as stated in the procedural laws.
Why This Matters
Section 3 of The Bharatiya Sakshya Adhiniyam (BSA) makes sure that only facts directly related to the case can be presented as evidence in a court. It also ensures that evidence should be presented according to legal requirements. In this way, it guarantees justness and fairness of the legal process and establishes truth through facts that are relevant and legally admissible.
Understanding these rules of section 3 of BSA is essential for anyone involved in legal proceedings. It helps to ensure that the evidence which is presented is appropriate and that the case is argued effectively and fairly.
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