Facts relevant when right or custom is in question
Chapter 2: Relevancy of facts
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 8Things said or done by conspirator in reference to common designEvidence Act 10
- 9When facts not otherwise relevant become relevantEvidence Act 11
- 10Facts tending to enable Court to determine amount are relevant in suits for damagesEvidence Act 12
- 12Facts showing existence of state of mind, or of body or bodily feelingEvidence Act 14
- 13Facts bearing on question whether act was accidental or intentionalEvidence Act 15
- 14Existence of course of business when relevantEvidence Act 16