​KembaraXtra – Indian Evidence Law- Bharatiya Sakshya Adhiniyam (BSA) – Existence of Course of Business when Relevant [Section 14]
1. Meaning of Section 14Section 14 deals with:

• Relevancy of existence of course of business.

It states that:
When the question is 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.

2. Principle of Section 14If:

• An act is usually done in a regular course of business or office,

then:

• The court may consider that the act was done in the present case also.

📌 The section is based on:

• Ordinary human conduct,
• Regular office/business routine.

3. Essentials of Section 14To apply Section 14:

1. There must be a question whether a particular act was done.
2. A regular course of business or office must exist.
3. The act must ordinarily be done according to that routine.

4. Illustrations
Illustration (a) – Dispatch of LetterQuestion:

• Whether a particular letter was dispatched.

Relevant facts:

• All letters placed at a certain place are ordinarily posted.
• The particular letter was placed there.

👉 Relevant to prove dispatch.

Illustration (b) – Delivery of LetterQuestion:

• Whether a particular letter reached A.

Relevant facts:

• Letter was properly posted.
• Letter was not returned by Return Letter Office.

👉 Presumption that letter reached A.

5. Scope of Section 14

• Section 14 deals with relevancy of facts.
• It does NOT itself create a presumption.

📌 It only makes evidence of course of business admissible.

6. Difference Between Section 14 and Section 119Section 14

• Deals with relevancy of facts.
• Applies to public and private business/offices.
• More general in nature.

Section 119

• Deals with presumptions of fact.
• Court may presume common course of business was followed.
• Illustration (f) mainly relates to post office business.

7. Course of Business“Course of business” means:

• Usual routine,
• Habitual office practice,
• Regular system followed in business or office work.

📌 Law gives evidentiary value to such regular practice.

8. Presumption from Course of BusinessIf:

• An act is shown to have been done according to ordinary course of business,

then:

• Court may presume the act was properly done.

Example:

• Clerk habitually posts all letters handed to him.
• Particular letter was handed to him.

👉 Court may presume letter was posted.

9. Delivery of LettersWhen:

1. Letter is properly posted, and
2. It is not returned,

👉 Court may presume it was delivered.
📌 Based on ordinary postal routine.

10. Refusal to Accept LetterIf:

• Addressee refuses to receive letter,

then:

• He cannot later deny knowledge of contents.

📌 Postal endorsement showing refusal becomes proof.

11. Important Points✔ Section 14 relates to relevancy, not presumption
✔ Applies to private and public business routines
✔ Regular office practice is relevant evidence
✔ Helps prove dispatch/delivery of documents
✔ Connected with Section 119 illustration (f)

12. Quick Revision Points

• Section 14 = relevance of course of business.
• Routine business practice helps prove disputed acts.
• Posting and delivery of letters are common examples.
• Refusal to receive letter amounts to notice.
• Section 14 deals with admissibility; Section 119 deals with presumption.