What Is BSA Section 3?

Bhartiya Sakshya Adhiniyam, 2023 - Section 3: Evidence may be given of facts in issue and relevant facts

- 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.

1. Example Case (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.

2. Example Case (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.

Brefe Detail

The Bhartiya Sakshya Adhiniyam, 2023, Section 3 addresses the admissibility of evidence in legal proceedings. It states that evidence can be presented regarding any fact in issue and relevant facts but prohibits the introduction of evidence that is barred by existing civil procedure laws. Two examples illustrate this: the first involving a murder trial and the specifics of the facts in issue; the second concerning the inability of a suitor to present a bond if not brought to the initial hearing.

Question & Answers

Q1: What does Section 3 of the Bhartiya Sakshya Adhiniyam, 2023 state?

A1: It states that evidence may be given of the existence or non-existence of every fact in issue and relevant facts, but not others.

Q2: Can a person present evidence that is barred by existing civil procedure laws?

A2: No, the section does not allow a person to give evidence of a fact that they are disentitled to prove by any provision of the law.

Q3: What are the facts in issue in the example case involving A and B?

A3: The facts in issue include A's beating B with a club, A's causing B's death by that beating, and A's intention to cause B's death.

Q4: What happens if a suitor does not bring a bond for the first hearing?

A4: The suitor cannot produce the bond or prove its contents at a later stage of the proceedings unless in accordance with the Code of Civil Procedure, 1908.

Example

1. Murder Trial Scenario:

   In a trial where A is accused of murdering B, the evidence presented must directly relate to:

   • Whether A struck B;
   • Whether that action resulted in B's death;
   • A's intention behind the action.

2. Civil Suit Scenario:

   If a plaintiff does not have the necessary documents ready at the first hearing, they cannot later submit those documents without adhering to specific procedural rules.

Summary

Section 3 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the parameters for presenting evidence in legal proceedings. It affirms the right to present evidence on facts in issue and relevant facts while establishing restrictions based on civil procedure laws. The section is illustrated through examples highlighting its application in criminal and civil cases.