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BSA 2023 — Section 3: Evidence may be given of facts in issue and relevant facts

§ SECTION 3 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Evidence may be given of facts in issue and relevant facts

Chapter II opens with the Act’s master gate: evidence may be given of facts in issue and relevant facts — and of no others. Everything from § 4 to § 50 simply lists what counts as relevant.

How to read Section 3

One gate, one warning, two pictures.

What it is about

The gate of the whole Act: only two kinds of facts may be proved — facts in issue and facts the later sections declare relevant.

The closing words

“and of no others” is the teeth of the section — whatever is outside the two doors stays out, however persuasive it feels.

The Explanation

This Act opens the gate — but if civil procedure already took away your right to prove something, § 3 will not restore it.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 3 · verbatim

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 (5 of 1908).

In short: evidence is allowed on exactly two classes of facts — the facts the case turns on, and the facts §§ 4–50 declare relevant — and on nothing else. And even inside the gate, a party who lost a proof-right under civil procedure cannot use this section to win it back.

→ Every section of Chapter II that follows is just this gate’s guest-list: §§ 4–50 name, one by one, the facts that count as relevant.

Glossary

fact in issue

The facts the case actually turns on — defined in § 2(g).

relevant

Connected in a way this Act recognises — defined in § 2(k); the ways are listed in §§ 4–50.

suit or proceeding

Any civil suit or other judicial proceeding — the gate rule applies across the board.

hereinafter declared

“In the sections that follow” — the relevancy catalogue of Chapter II.

disentitled

Having lost the right — here, by a rule of civil procedure (e.g. late production of documents).

The picture

The gate — two lanes in, one lane barred.

FACTS IN ISSUEwhat the case turns on — § 2(g)RELEVANT FACTSdeclared by §§ 4–50THE COURTexistence or non-existencemay be provedANY OTHER FACT“and of no others”Explanation — even a relevant fact may be lost by a civil-procedure default

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleTwo doors in — and no others

In one lineOnly two kinds of facts may be proved in court: facts in issue and relevant facts — and nothing else.
1Two doors onlyfacts in issue · and facts§§ 4–50 declare relevant2Evidence walks intheir existence — or theirnon-existence — may be proved3Everything else“and of no others”the gate stays shut ✗the whole law of evidence in one gate — two ways in, none besides
Evidence may be giventhe permissionthe Act’s opening move: evidence may come in — this whole section is a gate, and here it opens.
in any suit or proceedingeverywherecivil or criminal, big or small — the gate rule is universal.
of the existence or non-existenceboth waysyou may prove a fact is so — or is not so. Disproving is evidence too.
of every fact in issuedoor 1the facts the case turns on — § 2(g).
and of such other facts as are hereinafter declared to be relevant,door 2“hereinafter” = the sections that follow (§§ 4–50). Only facts those sections recognise.
and of no others.⚠ the barthe exclusionary heart of the whole Act: everything else stays out — however interesting.
ExampleIn a money-recovery suit: the loan itself (fact in issue) and the debtor selling off his property right after the demand (relevant conduct) may both be proved. His political opinions may not — no section of this Act makes them relevant.
✗ Not this§ 3 is not a source of relevancy. It never makes any fact relevant by itself — it only opens the gate for facts that other sections (§§ 4–50) declare relevant.

ExplanationThe CPC can still shut the door

In one lineEven a relevant fact is lost if civil-procedure rules have already taken away your right to prove it.
1This Act opens the gatethe fact is relevantunder this Adhiniyam ✓2But the CPC has its own rulese.g. produce your documentswhen the Code requires3The CPC bar wins§ 3 will not rescue whatprocedure shut out ✗relevancy is necessary — but not sufficient — to get evidence in
Explanation.—This section shall not enable any persona warningthe Explanation cuts the other way: § 3 gives nobody a new right…
to give evidence of a factthe subject…to prove a fact…
which he is disentitled to prove⚠ already barred…that some other rule has already taken away from him…
by any provision of the law for the time being in force relating to civil procedure.the CPC gate…specifically the rules of civil procedure — e.g. a document not produced when the CPC required it.
ExampleIllustration (b) is exactly this: a suitor fails to bring the bond he relies on to the first hearing. Later he says “let me produce it now”. § 3 does not help him — late production happens only on the CPC’s conditions.
✗ Not thisThe Explanation does not say the fact is irrelevant. The fact stays relevant — it is the person who lost, by procedural default, the right to prove it.

IllustrationsThe two pictures the Act itself gives

In one lineIllustration (a) shows the facts in issue in a murder trial; illustration (b) shows the Explanation biting.
(a) the murder trialwhat it showsA is tried for murdering B with a club. The three facts in issue mirror the ingredients of the charge — act, result, intention:
(b) the forgotten bondwhat it showsa suitor who ignored the CPC’s production rules cannot use § 3 to smuggle the bond in later:
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Scene 1 — A beats B with a club · tap outside or × to close
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Scene 2 — B lies dead; did the beating cause it? · tap outside or × to close
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Scene 3 — A intended to cause B’s death · tap outside or × to close

Illustration (a) — one act, three facts in issue: Scene 1 the act · Scene 2 the result · Scene 3 the intention. (tap a scene to zoom)

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First hearing — the suitor forgot to bring the bond · tap outside or × to close
×
Later stage — “Now I have the Bond. Please accept it.” · tap outside or × to close
×
The Court refuses — you must satisfy the Code of Civil Procedure, not merely the Evidence Act · tap outside or × to close

Illustration (b) — the forgotten bond: § 3 letting a fact be proved does not override the Code of Civil Procedure’s rules on producing documents. (tap a scene to zoom)

ExampleNotice how the two illustrations divide the section: (a) belongs to the main rule (what the facts in issue are), (b) belongs to the Explanation (what procedure can still deny you).

Connected provisions

§ 2(g), (k)

The two key definitions

“Facts in issue” and “relevant” — the two doors of this gate are defined in Section 2.

§§ 4–50

The relevancy catalogue

The rest of Chapter II lists, route by route, the facts that count as relevant.

§ 1

Application of the Act

The gate operates in every judicial proceeding the Act covers.

CPC 1908

Civil-procedure rules

The Explanation defers to the CPC — e.g. its rules on producing documents at the first hearing.