Evidence may be given of facts in issue and relevant facts
Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 deals with evidence may be given of facts in issue and relevant facts. 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. The Act came into force on 01 Jul 2024.
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).
Section 3, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 5 Evidence may be given of facts in issue and relevant facts Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr. Padamsinha B. Patil vs Central Bureau of Investigation
Decided under Indian Evidence Act 5, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While the right of an accused to examine defence witnesses is fundamental and ordinarily cannot be curtailed, the court has discretion under Section 233(3) of the CrPC to refuse such applications if made for vexation, delay, or defeating ends of justice. However, this discretion must be exercised judicially. The court cannot reject defence witnesses merely on grounds of delay when the prosecution has taken years to examine its witnesses. Critically, if the prosecution does not examine witnesses whose statements were recorded during investigation under Section 161 of the CrPC, and the defence alleges these witnesses were deliberately withheld, the accused cannot be deprived of the opportunity to examine them in defence, provided such witnesses have potential to throw light on the occurrence. The relevancy of evidence must be determined by whether it bears on the facts in issue or relevant facts under Section 5 of the Indian Evidence Act, not by whether it relates to the character or background of the deceased.
On this section: Defines scope of evidence - evidence may be given of existence or non-existence of every fact in issue and relevant facts, and of no others. Court applied this to limit defence evidence to matters relevant to facts in issue.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Bharatiya Sakshya Adhiniyam?
Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020) is the leading judgment on this section among those set out below, though it was decided under IEA 5, which this section replaced -- the court never mentioned this Act: Defines scope of evidence - evidence may be given of existence or non-existence of every fact in issue and relevant facts, and of no others. Court applied this to limit defence evidence to matters relevant to facts in issue.
How do I find court cases under Section 3 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 3, section 3 BSA, section 3 of the Bharatiya Sakshya Adhiniyam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020).
What should I read with Section 3 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 5 (Evidence may be given of facts in issue and relevant facts), so the judgments decided under that provision are the case law on this one.
When did Section 3 of the Bharatiya Sakshya Adhiniyam come into force?
Section 3 of the Bharatiya Sakshya Adhiniyam, cited as BSA 3, 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.