Section 147 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the admissibility of oral evidence regarding matters that are documented.
📜 Text of Section 147
Any witness may be asked, while under examination, whether any contract, grant, or other disposition of property, as to which he is giving evidence, was not contained in a document. If he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.(aaptaxlaw.com)
Explanation: A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.(aaptaxlaw.com)
Illustration: The question is, whether A assaulted B. C deposes that he heard A say to D—"B wrote a letter accusing me of theft, and I will be revenged on him." This statement is relevant, as showing A’s motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.(aaptaxlaw.com)
🧠 Explanation
Section 147 addresses situations where a witness refers to a document during testimony. If a witness indicates that a contract, grant, or disposition of property they are discussing is documented, the opposing party has the right to request the production of that document. The court may permit the witness to testify about the document's contents only if the document is produced or if secondary evidence is admissible.(vidhiadda.com)
The section also allows for oral evidence regarding statements made by others about the contents of documents, provided such statements are relevant to the case.(vidhiadda.com)
⚖️ Practical Implications
Ensuring Document Production: If a witness refers to a document, the opposing party can demand its production to verify the authenticity of the evidence.
Secondary Evidence: In cases where the original document cannot be produced, secondary evidence may be admissible, subject to the court's discretion.
Relevance of Oral Statements: Oral statements about a document's contents can be admitted if they are pertinent to the case, even if the document itself is not presented.
🧾 Illustration
Scenario: A witness testifies that a contract was signed between two parties. The opposing party requests the production of the contract to verify the witness's statement. If the contract is not produced, the court may allow the witness to testify about its contents if secondary evidence is admissible.
Summary:
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023, ensures that when a witness refers to a document during testimony, the opposing party has the right to request its production. This provision upholds the integrity of evidence presented in court and allows for oral evidence regarding the contents of documents under specific circumstances.
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