Facts relevant when right or custom is in question
Section 13 of the Indian Evidence Act, 1872 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, recognized, asserted or denied, or which was inconsistent with its existence; 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
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, recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations 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 13, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 11 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 The repealed enactment still governs what happened while it was in force.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.
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.
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… However, the aforesaid submission does not affect the declaration so granted in the instant case. 76. It was submitted that the 1995 judgment has no binding effect. It would be having only the evidentiary value under section 13 of the Indian Evidence Act. Reliance has been placed on the decision of this Court in Sital Das v. Sant Ram Das AIR 1954 SC 606, Shrinivas Krishnarao Kango v. Narayan Devji Kango 1955 1 SCR 1 and Tirumala Tirupati Devasthanams v. K.M. Krisnaiah (1998) 3 SCC 331. We are unable to accept the submission. The …
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… However, the aforesaid submission does not affect the declaration so granted in the instant case. 76. It was submitted that the 1995 judgment has no binding effect. It would be having only the evidentiary value under section 13 of the Indian Evidence Act. Reliance has been placed on the decision of this Court in Sital Das v. Sant Ram Das AIR 1954 SC 606, Shrinivas Krishnarao Kango v. Narayan Devji Kango 1955 1 SCR 1 and Tirumala Tirupati Devasthanams v. K.M. Krisnaiah (1998) 3 SCC 331. We are unable to accept the submission. The …
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… However, the aforesaid submission does not affect the declaration so granted in the instant case. 76. It was submitted that the 1995 judgment has no binding effect. It would be having only the evidentiary value under section 13 of the Indian Evidence Act. Reliance has been placed on the decision of this Court in Sital Das v. Sant Ram Das AIR 1954 SC 606, Shrinivas Krishnarao Kango v. Narayan Devji Kango 1955 1 SCR 1 and Tirumala Tirupati Devasthanams v. K.M. Krisnaiah (1998) 3 SCC 331. We are unable to accept the submission. The …
Questions about Section 13
What does Section 13 of the Indian Evidence Act deal with?
Section 13 of the Indian Evidence Act 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, recognized, asserted or denied, or which was inconsistent with its existence;
How do I find court cases under Section 13 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 13, section 13 IEA, section 13 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 13 of the Indian Evidence Act, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 11 (Facts relevant when right or custom is in question), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 13 of the Indian Evidence Act come into force?
Section 13 of the Indian Evidence Act, cited as IEA 13, 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
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.