Section 3 BSA 2023: Evidence may be given of facts in issue and relevant facts

Updated: 12 September 2026

Section 3 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down the basic rule of relevancy for judicial evidence. In substance, a court receives evidence about the facts that are directly in issue and about other facts that the BSA declares relevant. Evidence of unrelated facts is not admissible merely because a party wishes to place it before the court.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. It provides the present statutory framework for rules and principles of evidence in proceedings to which the Act applies.

Text of Section 3 of the Bharatiya Sakshya Adhiniyam, 2023

3. 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.

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.

Meaning and scope of Section 3 BSA

Section 3 operates as the gateway provision for relevancy of facts. It separates facts that may lawfully be proved from matters that have no legally recognised connection with the dispute. The provision should therefore be read with the definitions in Section 2 BSA and with the succeeding provisions that identify particular categories of relevant facts.

What is a fact in issue?

A fact in issue is a fact from which, either by itself or together with other facts, the existence, non-existence, nature or extent of a right, liability or disability asserted or denied in a proceeding necessarily follows. In practical terms, these are the principal facts that the court must decide.

What is a relevant fact?

A relevant fact is a fact connected with another fact in one of the ways recognised by the BSA. Sections following Section 3 identify those connections, including facts forming part of the same transaction, cause or effect, motive, preparation, conduct and explanatory facts.

Why the words "and of no others" matter

The closing words make clear that evidence is not admissible simply because it may appear interesting, suspicious or generally connected with the parties. A fact must either be in issue or be made relevant by the BSA, subject also to procedural and other statutory restrictions on proof.

Explanation to Section 3: civil procedure restrictions continue to apply

The Explanation prevents Section 3 from overriding procedural rules that independently restrict when or how a fact or document may be proved in civil proceedings. Relevancy under the BSA and procedural permission to produce material are therefore distinct requirements.

Illustrations under Section 3

Illustration (a): murder trial

A is tried for the murder of B by beating him with a club with the intention of causing his death. At the trial, the facts in issue include:

whether A beat B with the club;
whether the beating caused B's death; and
whether A intended to cause B's death.

The illustration shows that evidence can be directed to the constituent facts that the prosecution must establish and that the accused may contest.

Illustration (b): production of a bond in a civil proceeding

A suitor does not bring to the first hearing a bond on which the claim relies. Section 3 does not, by itself, permit later production or proof of that bond contrary to the conditions prescribed by the Code of Civil Procedure, 1908. The illustration demonstrates that evidentiary relevancy does not displace applicable procedural law.

How Section 3 connects with the next BSA provisions

Section 3 states the general rule. The following provisions explain when additional facts become relevant. Useful connected provisions include:

Key takeaway

Section 3 BSA is the starting point for determining admissible evidence: prove the facts in issue, prove other facts only when the BSA declares them relevant, and remain subject to any separate procedural rule that lawfully restricts proof or production.

Official legal resources

For the authoritative Act text and commencement details, refer to the India Code - Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs commencement notification dated 23 February 2024.