Explainer · Law of Evidence · BSA
BSA Section 11: Facts Relevant When a Right or Custom Is in Question (Evidence Act 13 Mapping) (2026)
Section 11 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) tells a court which facts are relevant when the existence of a right or a custom is in dispute. In short: the transactions that created, claimed, modified, recognised, asserted or denied the right or custom, and the particular instances in which it was claimed, recognised or exercised, or its exercise was disputed or given up. Section 11 carries forward the old Section 13 of the Indian Evidence Act, 1872 (IEA) with the same idea. If you still look up "Section 13 Evidence Act", this is the provision you now cite. This explainer sets out what Section 11 covers, the two kinds of facts it makes relevant, and how it maps to the old law. Last verified October 2026.
- New section: facts relevant when a right or custom is in question is Section 11 of the BSA, in force since 1 July 2024.
- Old section: it replaced Section 13 of the Indian Evidence Act, 1872.
- Two limbs: transactions that created, claimed, modified, recognised, asserted or denied the right or custom; and particular instances of its exercise or dispute.
- Nature: a rule of relevancy, not an offence, so there is no punishment or cognizable or bailable tag.
01Why the section number matters now
From 1 July 2024 the Indian Evidence Act, 1872 is replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA). The rules on relevancy were renumbered in the move. The provision that makes facts relevant when a right or a custom is in question was Section 13 of the old Act. It is now Section 11 of the BSA.
This matters in daily practice. Title suits, easement disputes, claims to a fishery or a right of way, and claims of village or community custom all turn on proof of a right or a custom over time. When you draft issues, lead evidence, or argue admissibility, you now cite Section 11 of the BSA, while older judgments and records will still speak of Section 13 of the Evidence Act. Reading both correctly is part of the job for the next few years.
02What Section 11 covers
Section 11 applies where the question before the court is the existence of any right or custom. It then makes two broad classes of fact relevant, so that a party can prove how the right or custom stood over time, not just at one moment.
When a right or a custom is disputed, Section 11 lets you prove its history: how it was created or denied, and the specific times it was claimed, exercised, or challenged.
The right may be a right to property, a right of way, a right to a fishery or a watercourse, or a similar legal right. A custom may be a local, family or community usage that a party relies on. Section 11 does not decide whether the right or custom exists. It only opens the door to the evidence from which the court can decide.
03Transactions and particular instances
Section 11 makes two kinds of fact relevant:
- Transactions: any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence. A deed of grant, a lease, a mortgage, a partition, or a settlement can all be transactions of this kind.
- Particular instances: particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted, or departed from. Actual acts on the ground, such as using a path, taking fish from a tank, or stopping a neighbour from doing so, fall here.
A worked example
The question is whether A has a right to a fishery. A deed granting the fishery to A's ancestors, a mortgage of the fishery by A's father, a later grant by A's father that is inconsistent with that mortgage, and occasions when A's father exercised the right or when A's neighbours stopped that exercise are all relevant under Section 11. Together they show how the right stood over time.
04Old to new: IEA 13 to BSA 11
Section 11 of the BSA corresponds to Section 13 of the Indian Evidence Act, 1872. The language and the structure, transactions in one limb and particular instances in the other, are carried over in substance.
| Point | Old law (Evidence Act, 1872) | New law (BSA, 2023) |
|---|---|---|
| Right or custom in question | Section 13 | Section 11 |
| Nature of the rule | Rule of relevancy | Rule of relevancy (same) |
| Two limbs | Transactions; particular instances | Transactions; particular instances (same) |
Because the rule is carried over in substance, the large body of case law decided under Section 13 of the old Act still guides how Section 11 of the BSA is read.
05How courts use it
Section 11 is a relevancy rule, not an offence. It does not carry any punishment, and there is no cognizable, bailable or triable classification attached to it. It is a tool used in civil and criminal trials alike to let in evidence about the history of a right or custom.
In practice, lawyers use Section 11 to put old deeds, revenue records, and acts of past exercise on record, so the court can trace a right or custom across generations. The weight of each fact is a separate question for the court. Section 11 only settles that the fact may be received. Related relevancy provisions sit close by in the same chapter, such as Section 16 on admissions by a party, which deals with a different route by which facts enter the record.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
How a court lets in proof of a right or custom under Section 11 is built on precedent reaching back to the old Section 13 and on fresh orders under the new code. Claw puts more than 30 crore judgments within reach, from the Supreme Court since 1950 and the High Courts since 1990, so a particular High Court's treatment of old deeds, revenue records and long user is a five-second search away. When a title, easement or fishery dispute is live, follow it by party or advocate name and watch its orders and hearings move across 9,102 courts, benches and forums.
Claw does not train its AI models on customer case documents, so the deeds and records you load stay private. Open a free Claw account to search a right-or-custom matter by party or advocate name, or widen the search through case search across Indian courts.
07Sources and further reading
- India Code (official text of the BSA, 2023): indiacode.nic.in
- PRS Legislative Research (BSA overview and Evidence Act comparison): prsindia.org
- Section 11, BSA (bare text): courtbook.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 13 of the Evidence Act in the BSA?
Section 13 of the Indian Evidence Act, 1872, which made facts relevant when a right or custom is in question, is now Section 11 of the Bharatiya Sakshya Adhiniyam, 2023. The rule is carried over in substance, so old case law on Section 13 still guides how Section 11 is read.
What does Section 11 of the BSA make relevant?
Two classes of fact. First, any transaction by which the right or custom was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with it. Second, particular instances in which the right or custom was claimed, recognised, exercised, or its exercise disputed or departed from.
Does Section 11 apply to both rights and customs?
Yes. Section 11 applies wherever the existence of a right or a custom is in question. The right may be a right to property, a right of way, a right to a fishery, or a similar legal right. A custom may be a local, family or community usage relied on by a party.
Is there any punishment under Section 11 of the BSA?
No. Section 11 is a rule of evidence, not an offence. It only settles that certain facts may be received by the court when a right or custom is disputed. It carries no punishment and no cognizable, bailable or triable classification.
Can I find judgments on Section 11 or old Section 13?
Yes. Judgments on Section 11 and the old Section 13 sit within Claw's 30 crore+ judgments, and a live title or easement matter can be followed by party or advocate name across 9,102 courts, benches and forums, with each search answered in under five seconds. It researches and tracks the case but does not give legal advice.