Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 14: Existence of course of business when relevant
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.
Brefe Detail
Section 14 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of a course of business in determining whether a particular act, such as the dispatch or receipt of a letter, occurred. It establishes that if an act aligns with an established business practice, that fact is significant in legal considerations.
Question & Answers
Q1: What does Section 14 state about the relevance of a course of business?
A1: It states that the existence of any course of business that naturally relates to a particular act is a relevant fact when questioning whether that act was done.
Q2: How is the dispatch of a letter relevant under this section?
A2: The fact that it was the ordinary course of business for letters placed in a specific location to be dispatched is relevant in determining if a particular letter was sent.
Q3: What evidence is relevant to establish whether a letter reached its destination?
A3: The relevant facts include that the letter was posted in due course and was not returned through the Return Letter Office.
Example
1. Example 1: If a letter was found in a designated outgoing mail slot in an office, this supports the argument that the letter was dispatched according to the regular business practice.
2. Example 2: If a letter is tracked and shows no return to sender and was sent through the normal postal process, this indicates it likely reached the intended recipient.
Summary
Section 14 of the Bhartiya Sakshya Adhiniyam highlights the importance of established business practices in assessing whether specific acts were performed, such as the dispatch and receipt of letters. It clarifies that evidence of such practices is relevant in legal determinations.
