Section12
The Indian Evidence Act, 1872

In suits for damages, facts tending to enable Court to determine amount are relevant

Repealed From 01 Sep 1872 Act 1 of 1872 As on 17 Oct 2026

Act 1 of 1872 Ministry Law and Justice Enacted 15 Mar 1872 In force 01 Sep 1872

This provision is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 12 of the Indian Evidence Act, 1872 deals with in suits for damages, facts tending to enable Court to determine amount are relevant. In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant. The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant.

Section 12, The Indian Evidence Act, 1872 (Act 1 of 1872).

Now in the Bharatiya Sakshya Adhiniyam

BSA 10 Facts tending to enable Court to determine amount are relevant in suits for damages 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 The repealed enactment still governs what happened while it was in force.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.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 16 Jul 2021 KLHC010199792018

    … It is settled that in the matter of assessing damages and determining the quantum of compensation, the court has to depend largely on peculiar features of the case bordering conjectures or surmises. Section 12 of the Indian Evidence Act lays down that in suits in which damages are claimed, any fact which will enable the court to determine the amount of damages which ought to be awarded is relevant. 27. There is no formulated rule or guideline to measure damages in the case of wrongs arising from marital tort. Damages …

    Read this order on eCourtsIndia

Questions about Section 12

What does Section 12 of the Indian Evidence Act deal with?

Section 12 of the Indian Evidence Act is headed "In suits for damages, facts tending to enable Court to determine amount are relevant". In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant.

How do I find court cases under Section 12 of the Indian Evidence Act?

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: IEA 12, section 12 IEA, section 12 of the Indian Evidence Act. 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 12 of the Indian Evidence Act, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BSA 10 (Facts tending to enable Court to determine amount are relevant in suits for damages), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 12 of the Indian Evidence Act come into force?

Section 12 of the Indian Evidence Act, cited as IEA 12, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.