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Evidence Act Section 5 in BSA: Section 3

Questions lawful in cross-examination

Section 5 of the Indian Evidence Act, 1872 (Questions lawful in cross-examination) corresponds to Section 3 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

Text of BSA Section 3

3. 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.

Evidence may be given of facts in issue and relevant facts.

Relevancy of facts forming part of same transaction.

Facts which are occasion, cause or effect of facts in issue or relevant facts.

Motive, preparation and previous or subsequent conduct.

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.

Closely connected facts

Full BSA Section 3 and every Evidence Act section it replaced →

Other Evidence Act sections now in BSA 3

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