Bharatiya Sakshya Adhiniyam, 2023
BSA Section 11
Facts relevant when right or custom is in question
In one line
BSA Section 11 deals with facts relevant when right or custom is in question and replaces Evidence Act 13.
Bare act text — BSA 11
11. Facts relevant when right or custom is in question.
Where the question is as to the existence of any right or custom, the following facts are relevant-- (a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. Illustration. The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
Frequently asked
What was BSA Section 11 in the Evidence Act?
BSA Section 11 (Facts relevant when right or custom is in question) replaces Section 13 of the Indian Evidence Act, 1872. Evidence Act 13 is now BSA 11.
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Nearby BSA sections
- BSA 6 — Motive, preparation and previous or subsequent conduct
- BSA 7 — Facts necessary to explain or introduce fact in issue or relevant facts
- BSA 8 — Things said or done by conspirator in reference to common design
- BSA 9 — When facts not otherwise relevant become relevant
- BSA 10 — Facts tending to enable Court to determine amount are relevant in suits for damages
- BSA 12 — Facts showing existence of state of mind, or of body or bodily feeling
- BSA 13 — Facts bearing on question whether act was accidental or intentional
- BSA 14 — Existence of course of business when relevant
- BSA 15 — Admission defined
- BSA 16 — Admission by party to proceeding or his agent