Facts relevant when right or custom is in question
Section 11 of the Bharatiya Sakshya Adhiniyam, 2023 deals with 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; The Act came into force on 01 Jul 2024.
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.
Section 11, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 13 Facts relevant when right or custom is in question Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 11
What does Section 11 of the Bharatiya Sakshya Adhiniyam deal with?
Section 11 of the Bharatiya Sakshya Adhiniyam is headed "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;
How do I find court cases under Section 11 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 11, section 11 BSA, section 11 of the Bharatiya Sakshya Adhiniyam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 11 of the Bharatiya Sakshya Adhiniyam, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IEA 13 (Facts relevant when right or custom is in question), so the judgments decided under that provision are the case law on this one.
When did Section 11 of the Bharatiya Sakshya Adhiniyam come into force?
Section 11 of the Bharatiya Sakshya Adhiniyam, cited as BSA 11, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.