Indian Evidence Act, 1872
IEA Section 5 in BSA
Evidence may be given of facts in issue and relevant facts. Section 5 of the Indian Evidence Act, 1872 (Evidence may be given of facts in issue and relevant facts) corresponds to Section 3 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
'Facts in issue' means:
Answer & explanation
Facts from which a right or liability necessarily follows
BSA Section 2 corresponds to IEA Section 3, the definitions provision. It also defines 'evidence', 'proved', 'disproved', 'not proved', 'document' and 'may presume', 'shall presume' and 'conclusive proof'.
A fact is said to be 'proved' when:
Answer & explanation
The court believes it, or a prudent man would act upon it
The standard is the prudent-man standard, applied more strictly in criminal cases (beyond reasonable doubt) than in civil cases (preponderance of probabilities).
A fact is said to be 'disproved' when:
Answer & explanation
The court believes it does not exist, or a prudent man would act on that footing
'Not proved' is the third state, distinct from both proved and disproved.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 2 | Extent and application | 1 |
| 3 | Interpretation clause | 2 |
| 6 | Relevancy of facts forming part of same transaction | 4 |
| 7 | Facts which are the occasion, cause or effect of facts in issue | 5 |
| 8 | Motive, preparation and previous or subsequent conduct | 6 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table