​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Document Relating to Transaction Stated under Section 11(a) (Section 26(g))
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1. Basic Principle of Section 26(g)Under Section 26(g) of the Bharatiya Sakshya Adhiniyam, the law provides that:
Statements contained in documents are relevant when they relate to a transaction as described under Section 11(a), particularly where such transaction:

• Creates
• Modifies
• Recognizes
• Asserts
• Denies
  a right or custom

2. Scope of the Provision

• Applies to both:
  • Private rights, and
  • Public rights or customs
• Covers:
  • Documents such as:
    • Deeds
    • Wills
    • Agreements
    • Other legal instruments

👉 These documents must relate to:

• A transaction affecting rights or customs

3. Essential Conditions (Note Form)For admissibility under this section:

• ✔ Statement must be:
  • Contained in a document
• ✔ Document must relate to:
  • A transaction within Section 11(a), i.e.:
    • Creation of right
    • Modification of right
    • Recognition of right
    • Assertion or denial of right

4. Meaning of “Transaction”

• A “transaction” includes:
  • Any act or dealing affecting:
    • Legal rights
    • Customs

👉 Example:

• Sale of property
• Grant of easement
• Recognition of customary rights

5. Relevancy of Such Statements

• Statements in documents are relevant when:
  • They are part of a transaction affecting rights

👉 Even if:

• The document itself is not directly in issue

6. Important Limitation

• Recitals in documents not between the parties (not inter partes):

❌ Generally inadmissible under:

• Section 9
• Section 11(a)
• Section 26(c)
• Section 26(g)

👉 Reason:

• They may not bind or affect the parties involved

7. Exception (Important Insight)

• Such recitals may be admitted only:
  • Under specific conditions
  • Or when supported by:
    • Independent evidence
    • Other admissible provisions

8. Key Legal Principle👉 Statements in documents are relevant if they form part of transactions affecting legal rights or customs, but their admissibility depends on their connection to the parties and the transaction.

9. Purpose of Section 26(g)

• To allow:
  • Documentary evidence of:
    • Historical or legal transactions
• Helps in:
  • Proving existence and nature of:
    • Rights
    • Customs

10. Key Takeaways

• Section 26(g) deals with:
  • Statements in documents relating to transactions
• Conditions:
  • Must relate to rights/customs
• Limitation:
  • Not inter partes documents → generally inadmissible

One-Line Summary👉 Statements in documents relating to transactions affecting rights or customs are relevant, provided they meet the requirements of Section 11(a).