Section 5: Evidence may be given of facts in issue and relevant facts

Q: What does Section 5 of The Indian Evidence Act, 1872 (IEA) deal with?

Section 5 IEA pertains to "Evidence may be given of facts in issue and relevant facts". It is part of the The Indian Evidence Act, 1872, a legislation enacted by the Parliament of India. Section 5 of The Indian Evidence Act, 1872 (IEA) governs evidence may be given of facts in issue and relevant facts. This section has been superseded by Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: Is Section 5 IEA still in force?

No, Section 5 has been superseded by Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) effective 1 July 2024.

Q: What is धारा 5 IEA?

धारा 5 IEA is the Devanagari Hindi reference for Section 5 of the The Indian Evidence Act, 1872. Section 5 of The Indian Evidence Act, 1872 (IEA) governs evidence may be given of facts in issue and relevant facts. This section has been superseded by Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: What is Dhara 5 IEA?

Dhara 5 IEA is the Roman Hindi reference for Section 5 of the The Indian Evidence Act, 1872. "Dhara" means "Section" in Hindi. Section 5 of The Indian Evidence Act, 1872 (IEA) governs evidence may be given of facts in issue and relevant facts. This section has been superseded by Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) for offences committed on or after 1 July 2024. As verified on 19 May 2026.

Q: How to cite Section 5 of The Indian Evidence Act, 1872?

Cite as: "Section 5, The Indian Evidence Act, 1872 (IEA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Evidence Act, 1872, § 5 (India).

Q: Which section replaced IEA Section 5?

Section 5 has been replaced by Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), effective from 1 July 2024 as part of India's criminal law reform.

Law on Tips Editorial Board

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] [Now see the Code of Civil Procedure, 1908 (5 of 1908).].

Illustrations

(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.

(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond, on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the [Code of Civil Procedure.] [Now see the Code of Civil Procedure, 1908 (5 of 1908).]