Section 195 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 195 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, states:
“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.” (mha.gov.in)
✅ What it means
This provision acts as a safeguard, clarifying that even if the BSA allows evidence of "facts in issue" and relevant facts, that does not override any exclusion under existing civil procedure rules. In simpler terms, you cannot introduce a fact via evidence if another law or civil procedural rule prohibits it. The BSA does not grant permission to circumvent those restrictions.
🧾 Summary Table
Aspect
Details
Scope of Section 195 BSA
Limits evidence in contexts where civil procedure law forbids proof
Key Effect
Prevents BSA from overriding other legal rules barring admissibility
Practical Implication
Courts must respect procedural bars—e.g., parties cannot introduce evidence that civil law disallows, even if relevant under BSA
📘 Comparison with the old Evidence Act (1872)
The Indian Evidence Act did not have an exact counterpart for this restriction.
By including Section 195, the BSA ensures compliance with existing civil procedural statutes like the Civil Procedure Code, limiting its own reach and avoiding conflict. (en.wikipedia.org)
💡 Why this matters
If, under civil procedure rules or other statutes, certain facts are legally barred from being proved (for example, those covered under settlement confidentiality, statutory exclusions, or privilege rules), Section 195 of the BSA prevents judicial attempts to circumvent those bans by recharacterizing the evidence as “relevant” or “in issue.”
In short: Section 195 ensures the BSA cannot be used to admit evidence that is otherwise disallowed by existing law—it preserves the integrity and hierarchy of legal rules, especially those in civil procedure.
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