Section 14 Bharatiya Sakshya Adhiniyam, 2023: Existence of course of business when relevant

Section 14 of Bharatiya Sakshya Adhiniyam, 2023: Existence of course of business when relevant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Illustrations

(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.

(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Fact Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 14

Section 14 establishes the relevancy of ordinary business and official routines, creating an evidentiary presumption that a specific act was executed if it formed part of an established operational practice.

Evidentiary Proof & Admissibility: In large commercial institutions and government offices, witnesses cannot realistically recall every routine transaction, such as posting a specific demand notice or dispatching a particular document.
Evidentiary Admissibility Standard: Section 14 resolves this evidentiary hurdle by declaring that proof of an unbroken, systematic course of business makes it relevant and probable that the particular act was carried out.

Once proof is adduced showing that an entity followed a strict operational routine—such as logging all outgoing communications in a dispatch register before delivery to a post office—the court may infer that the communication was dispatched.

In modern digital commerce and cyber trials, Section 14 functions with enhanced potency. Demonstrating that an automated server protocol generates, logs, and transmits electronic confirmation emails, SMS alerts, or two-factor authentication tokens in the ordinary course of operations provides relevant evidence of transmission and delivery under this section.

Key Landmark Precedents:

Subodh S. Salaskar v. Jayprakash M. Shah (2008) 13 SCC 689: The Supreme Court affirmed that where a statutory notice is dispatched in the ordinary course of business to the correct address by registered post, the presumption of due service under Section 27 of the General Clauses Act arises.
C.C. Alavi Haji v. Palapetty Muhammed (2007) 6 SCC 555: A three-judge bench held that in Section 138 Negotiable Instruments Act trials, proof of posting a demand notice in the regular course of business satisfies the statutory notice requirement, shifting the burden onto the drawee to prove non-receipt.

Legal Commentary:

To establish service of notice or transmission of electronic records under Section 14, litigators should place the organization's Standard Operating Procedures (SOP) on record alongside certified postal receipts or server delivery logs. Demonstrating an unvarying routine provides the factual foundation necessary to trigger statutory presumptions of delivery.