Introduction

The Bharatiya Sakshya Adhiniyam (BSA), 2023, has introduced several important changes to India's evidence law. One of the most foundational chapters is Chapter 2 – Relevancy of Facts, which covers what types of facts are admissible in a court of law. This chapter includes Sections 3 to 50 and defines the framework for which facts can be considered legally relevant during trials, civil or criminal.

Understanding the "relevancy of facts" is vital because the entire legal proceeding hinges upon it—only facts deemed relevant are allowed as evidence. Let's break down each section to simplify what the law says and how it applies in real life.

What Is Meant by "Relevancy of Facts"?

In court proceedings, not all facts can be brought into argument. Only those facts that are logically connected to the matter in issue—or which help explain it—are considered relevant. Chapter 2 helps determine what those facts are.

BSA Section 3 to Section 14: Facts Directly or Indirectly Connected to the Case

• Section 3: Evidence may be given of facts in issue and relevant facts.

• Section 4: Facts forming part of the same transaction.

• Section 5: Facts which are occasion, cause or effect of facts in issue.

• Section 6: Motive, preparation, and previous or subsequent conduct.

• Section 7: Facts necessary to explain or introduce relevant facts.

• Section 8: Statements or acts by conspirators related to a common plan.

• Section 9: When otherwise irrelevant facts become relevant.

• Section 10: Facts helping courts determine the amount of damages.

• Section 11: Facts relevant in cases involving rights or customs.

• Section 12: Facts that show a person’s mental or physical state.

• Section 13: Facts that determine whether an act was accidental or intentional.

• Section 14: Existence of course of business.

BSA Section 15 to Section 21: Admissions and Their Relevance

• Section 15: Definition of admission.

• Sections 16–18: Who can make an admission — parties, agents, and others.

• Section 19: Proof of admissions.

• Section 20: When oral admissions about document contents are relevant.

• Section 21: Admissions in civil cases.

BSA Section 22 to Section 25: Confessions and Limitations

• Section 22: Confession caused by coercion, inducement, or threat is inadmissible.

• Section 23: Confession to police officers is inadmissible.

• Section 24: Consideration of confession in joint trials.

• Section 25: Admissions are not conclusive proof but may estop.

BSA Section 26 to Section 33: Documentary and Unavailable Evidence

• Section 26: Statements from deceased or missing persons.

• Section 27: Relevancy of certain evidence in later proceedings.

• Sections 28–32: Account books, public records, maps, government notifications, and legal books.

• Section 33: Statements forming part of conversations, books, or documents.

BSA Section 34 to Section 38: Previous Judgments

• Section 34: Bar on second suit or trial.

• Sections 35–37: Relevance of judgments in probate and other contexts.

• Section 38: Fraud or incompetency in prior judgment may be proved.

BSA Section 39 to Section 45: Expert Opinions and General Custom

• Section 39: Expert opinions.

• Section 40: Facts influencing expert opinion.

• Section 41: Handwriting and signature expertise.

• Sections 42–44: General customs, tenets, and relationships.

• Section 45: Grounds of expert opinion.

BSA Section 46 to Section 50: Character Evidence

• Section 46: Character irrelevant in civil cases.

• Section 47: Good character relevant in criminal cases.

• Section 48: Prior sexual history not relevant in certain cases.

• Section 49: Bad character relevant only in reply.

• Section 50: Character relevant for assessing damages.

Section 2 – Important Definitions in BSA 2023

Understanding key definitions from Section 2 of the Bharatiya Sakshya Adhiniyam is essential to interpret evidence rules:

• Court: Includes judges and magistrates (excluding arbitrators).

• Conclusive proof: Once a fact is declared as conclusive, no further evidence can be allowed to disprove it.

• Disproved: A fact the court believes does not exist.

• Document: Includes anything recorded—written, printed, electronic, or digital.

  • Examples: Emails, maps, voice mails, images, server logs, photos.

• Evidence: Includes oral statements and documentary records.

• Fact: Anything perceived by senses or a mental condition.

• Facts in issue: Facts that directly relate to determining a legal right or responsibility.

• May presume: Court can assume a fact is true unless disproved.

• Not proved: Neither proved nor disproved.

• Proved: The court believes it probably exists.

• Relevant: Connected logically to the case.

• Shall presume: Court must accept the fact as true unless disproved.

These definitions are the backbone of evidence law under the new BSA.

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Conclusion

Chapter 2 of the Bharatiya Sakshya Adhiniyam, 2023 sets a clear standard for how courts determine what facts are relevant. From motive and conduct to admissions and expert opinions, it covers every angle of relevance. Together with Section 2’s robust legal definitions, this chapter helps bring structure, clarity, and fairness to Indian trials.

Whether you're a law student, practicing lawyer, or a curious citizen, understanding the Relevancy of Facts under BSA 2023 is key to grasping the future of India's legal proceedings.