Section 13 Indian Evidence Act 1872
Section 13 of the Indian Evidence Act 1872 is about ‘Facts relevant when right or custom is in question’. It is under Chapter II of the Act. Chapter II is titled OF THE RELEVANCY OF FACTS.
Facts relevant when right or custom is in question
Where the question is as to the existence of any right or custom, the following facts are relevant: ––
(a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in which its exercise was disputed, asserted or departed from.
Illustrations
The question is, whether A has a right to a fishery.
A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.
See also:
Section 12 Indian Evidence Act 1872 (In suits for damages, facts tending to enable Court to determine amount are relevant)
Section 14 Indian Evidence Act 1872 (Facts showing existence of state of mind, or of body of bodily feeling)