Evidence may be given of facts in issue and relevant facts
Section 5 of the Indian Evidence Act, 1872 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 of 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 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 Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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.
Evidence may be given in any suit or proceeding of the existence of 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.
Section 5, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 3 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 The repealed enactment still governs what happened while it was in force.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
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.
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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… of law that in the light of the fact that there was no plea of alienation due to family necessity being raised by defendant No.3 purchaser, whether the Trial Court and the Lower Appellate Court were justified in considering the same and appreciating the evidence in contravention of Section 5 of the Indian Evidence Act, 1872. The learned counsel submits that this Court has to frame the substantial question of law invoking Article 110 of the Limitation Act. The learned counsel submits that the defendants had admitted that all the suit schedule properties were ancestral properties both in their written …
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… The learned Trial, in the impugned Order has mentioned that the question of admissibility of the documents had not arisen as yet and that the Court had only considered the grounds pertaining to relevance of the documents. In Ram Bihari Yadav (supra) relied on by the Petitioners deals with Sections 3 and 5 of the Indian Evidence Act and it was observed therein that more often than not the expressions "relevancy" and "admissibility" are used as synonyms but their legal implications are distinct and different for more often than not facts which are MEENAKSHI Digitally signed by MEENAKSHI MADAN RAI MADAN RAI 1227 124 124 …
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… Though there is no direct issue has been framed to decide whether the defendant No.1 is legally married wife of Srikumar Das in view of technicality in drafting of suit and in view of no prayer made by the plaintiff in that respect, but the marriage is a relevant fact to decide in this suit. Section 5 of the Indian Evidence Act clearly shows that 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 attached to the said section reveals that this section shall not …
Questions about Section 5
What have the courts held on Section 5 of the Indian Evidence Act?
Dr. Padamsinha B. Patil vs Central Bureau of Investigation (06 Mar 2020) is the leading judgment on this section among those set out below: 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 5 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 5, section 5 IEA, section 5 of the Indian Evidence Act. 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 5 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 3 (Evidence may be given of facts in issue and relevant facts), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 5 of the Indian Evidence Act come into force?
Section 5 of the Indian Evidence Act, cited as IEA 5, 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.