Section16
The Indian Evidence Act, 1872

Existence of course of business when 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Repealed From 01 Sep 1872 Act 1 of 1872 As on 17 Oct 2026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 Cited by 1 provision

This provision is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.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 16 of the Indian Evidence Act, 1872 deals with existence of course of business when relevant. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.

When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations (a) The question is, whether a particular letter was despatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that that particular letter was put in that place are relevant.

(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.

ADMISSIONS

Section 16, The Indian Evidence Act, 1872 (Act 1 of 1872).

Now in the Bharatiya Sakshya Adhiniyam

BSA 14 Existence of course of business when relevant 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 The repealed enactment still governs what happened while it was in force.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 16

What does Section 16 of the Indian Evidence Act deal with?

Section 16 of the Indian Evidence Act is headed "Existence of course of business when relevant". When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.

How do I find court cases under Section 16 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 16, section 16 IEA, section 16 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 16 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 14 (Existence of course of business when relevant), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 16 of the Indian Evidence Act come into force?

Section 16 of the Indian Evidence Act, cited as IEA 16, 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.