Section 10
Facts tending to enable Court to determine amount are relevant in suits for damages
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
In a suit in which damages are claimed, any fact that will enable the Court to determine the amount of damages that ought to be awarded is relevant. The section is short and is the basis for putting in evidence of loss.
Section 10, official text
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
In plain words
In a suit in which damages are claimed, any fact that will enable the Court to determine the amount of damages that ought to be awarded is relevant. The section is short and is the basis for putting in evidence of loss.
Key points
- Scope: suits in which damages are claimed.
- Test: any fact that will enable the Court to determine the amount to be awarded.
- Kinds of facts: typically records of actual loss, such as bills, invoices, wage records or profit history, subject to the other rules on proof.
- Not a rule on liability: it concerns quantum, not whether the defendant is liable.
Worked example
A shopkeeper sues a contractor for damage to his goods when a wall collapsed. Stock registers, purchase invoices and the shop’s sales records for the preceding months help the Court fix the amount of damages, so under section 10 they are relevant.
Questions on section 10
Does section 10 decide who is liable?
No. It makes relevant the facts that help the Court determine the amount of damages once damages are claimed.
What kind of facts help fix damages?
Any fact that enables the Court to determine the amount, for example proof of the loss actually suffered.
Is section 10 new?
No. It corresponds to section 12 of the Indian Evidence Act, 1872.
Related sections
- Section 3: Evidence may be given of facts in issue and relevant facts — evidence of facts in issue and relevant facts
- Section 9: When facts not otherwise relevant become relevant — facts not otherwise relevant
- Section 11: Facts relevant when right or custom is in question — facts relevant when right or custom is in question
Nearby sections
- Section 8 — Things said or done by conspirator in reference to common design
- Section 9 — When facts not otherwise relevant become relevant
- Section 11 — Facts relevant when right or custom is in question
- Section 12 — Facts showing existence of state of mind, or of body or bodily feeling
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 10