BSA Section 14: Existence of a Course of Business, When Relevant (Evidence Act 16 Mapping) (2026)
What Section 14 of the Bharatiya Sakshya Adhiniyam (BSA) does: it makes a regular course of business relevant to prove that a particular act was done in the usual way. It carries forward Section 16 of the old Indian Evidence Act. Last verified October 2026.
Explainer · Evidence Law · BSA
Section 14 of the Bharatiya Sakshya Adhiniyam (BSA), the new evidence law in force since 1 July 2024, lets a court rely on a regular course of business to infer that a particular act was done in the usual way. It carries forward Section 16 of the Indian Evidence Act. If you are looking up "Section 14 of the Evidence Act" expecting the rule on state of mind, note the numbers have moved: that rule is now Section 12 of the BSA. This explainer sets out what Section 14 actually covers, how it is used, and how it maps to the old law. Last verified October 2026.
- What it is: Section 14 of the BSA makes the existence of a regular course of business relevant to prove that a particular act was done in the usual way.
- Old section: it carries forward Section 16 of the Indian Evidence Act, 1872.
- Not state of mind: the rule on state of mind, which was old Section 14, is now Section 12 of the BSA.
- How it is used: prove the routine and that the case entered it, and the court can infer the act, as with letters posted in the ordinary course.
01A common point of confusion
Many advocates still read "Section 14" as the old Evidence Act rule on state of mind. That is no longer correct. Since 1 July 2024 the Indian Evidence Act is replaced by the BSA, and the relevancy sections were renumbered. The state of mind rule is now Section 12 of the BSA. Section 14 of the BSA carries a different rule, the one on course of business, which was Section 16 of the old Act.
This matters when you draft a citation or search for authorities. A proceeding on or after 1 July 2024 cites the BSA number. An older matter keeps the Evidence Act number. Read each by the date of the proceeding so you do not mix the two.
02What Section 14 says
Section 14 of the BSA provides that when there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
The idea in one line
If a thing is normally done in a fixed, routine way, proof of that routine helps show that the thing was in fact done in that way in the case at hand.
The classic illustrations are about the post. On the question whether a letter reached a person, it is relevant that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that the letter was put in that place. On the question whether a letter was received, it is relevant that it was posted in the usual course and was not returned. The routine fills the gap that direct evidence cannot.
03How it works in practice
Section 14 is useful whenever direct proof of a single act is hard to get, but the act fits a settled routine. Think of a bank that always issues a receipt on deposit, an office that always stamps and dockets incoming mail, or a courier that always scans a parcel at each hub. Proof of the routine, plus proof that this case entered the routine, lets the court infer the act was done.
It is a rule of relevancy, not of proof by itself. The course of business must be shown to exist, usually by a witness who knows the system. The weight the court gives it depends on how regular and reliable the routine is. A loose or often broken practice carries little weight.
04Old to new: Evidence Act 16 to BSA 14
Section 16 of the Indian Evidence Act is now Section 14 of the BSA. The wording and the illustrations are carried over, so the doctrine is unchanged.
| Point | Old law (Indian Evidence Act) | New law (BSA) |
|---|---|---|
| Existence of state of mind or body | Section 14 | Section 12 |
| Course of business when relevant | Section 16 | Section 14 |
| Grounds of opinion | Section 51 | Section 45 |
Because the text is carried over, judgments decided under Section 16 of the Evidence Act continue to guide how Section 14 of the BSA is read.
05What changed
The substance did not change. The rule, the illustrations, and the logic of relying on a regular routine all carry over. The change is the section number and the modern drafting.
One practical note: this is an evidence provision, so it has no punishment, and no cognizable, bailable or triable status of its own. Those attributes belong to the offence being tried. Section 14 is simply a tool that helps prove or disprove a fact in any civil or criminal matter.
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.
The weight a court gives a course of business shifts with how regular and reliable the routine is, so it helps to see how a particular bench has treated proof of a settled practice. Claw lets you read that across more than 30 crore judgments, from the Supreme Court since 1950 and the High Courts since 1990, so how Section 14 of the BSA and the old Section 16 have been applied is a five-second search away. When a matter that turns on a business routine is live, follow it by party or advocate name and watch its orders and hearings update across 9,102 courts, benches and forums.
The files you upload are never used to train Claw's AI models. Start a free Claw account to look up a course-of-business point 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 comparison): prsindia.org
- Section 14, BSA (bare text): advocatekhoj.com
- 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 14 of the BSA?
Section 14 of the Bharatiya Sakshya Adhiniyam, 2023 makes the existence of a course of business relevant when there is a question whether a particular act was done. If an act is normally done in a fixed routine, proof of the routine helps show it was done that way. It restates Section 16 of the old Indian Evidence Act.
Which old section does BSA Section 14 replace?
It replaces Section 16 of the Indian Evidence Act, 1872. Note that the old Section 14, on state of mind and body, is now Section 12 of the BSA, so the numbers do not line up.
Can a routine alone prove an act was done?
Not on its own. The course of business must be shown to exist and to be regular, and it must be shown that the case entered that routine. The court then decides what weight to give it, which depends on how reliable the routine is.
Is Section 14 an offence with a punishment?
No. It is a rule of evidence about relevancy. It has no punishment or cognizable, bailable or triable status of its own. Those belong to the offence being tried in the matter.
Does old case law on Section 16 still apply?
Yes, in large part. Because the wording and illustrations are carried over, judgments decided under Section 16 of the Evidence Act still guide how Section 14 of the BSA is read.
Can I find judgments on course of business in Claw?
Yes. Judgments applying Section 14 and the old Section 16 sit within Claw's 30 crore+ judgments, and a live 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.