Section 29 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 29 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 pertains to the relevancy of entries in public or official records, including electronic records, when made in the performance of official duties. This provision is crucial for determining the admissibility of such records as evidence in legal proceedings.
๐ Text of Section 29
Section 29: Relevancy of entry in public record or an electronic record made in performance of duty
An entry in any public or other official book, register or record, or an electronic record, stating a fact in issue or a relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record, or electronic record, is kept, is itself a relevant fact.
โ๏ธ Legal Significance
This section establishes that certain entries, even if they are hearsay or not directly witnessed, can be admitted as evidence if they meet specific criteria:
Official Capacity: The entry must be made by a public servant in the course of their official duties or by another person performing a duty mandated by law.
Relevance: The content of the entry must pertain to a fact in issue or a relevant fact in the case at hand.
Type of Record: The entry must be in a public or official book, register, record, or an electronic record.
๐งพ Practical Application
This provision is particularly pertinent in cases where:
Government Records: Documents like land records, birth and death certificates, or official registers maintained by government authorities are presented as evidence.
Digital Evidence: Electronic records, such as logs from government websites or official digital communications, are used to establish facts.
For instance, if a government official records the date of birth of an individual in a public register, this entry can be used as evidence to establish the individual's age in legal proceedings.
๐ Related Provisions
Section 29 is part of a broader framework in the BSA that deals with the admissibility of evidence. Other related sections include:
Section 28: Entries in books of account when relevant.
Section 30: Relevancy of statements in maps, charts, and plans.
Section 33: What evidence to be given when a statement forms part of a conversation, document, electronic record, book, or series of letters or papers.
These sections collectively outline the circumstances under which various types of records and statements can be considered relevant and admissible in court.
๐งญ Conclusion
Section 29 of the BSA, 2023, plays a vital role in modernizing evidence law by recognizing the importance of public and official records, including electronic records, in establishing facts in legal proceedings. It ensures that such records, when created in the course of official duties and pertaining to relevant facts, are admissible as evidence, thereby facilitating a more efficient and transparent judicial process.
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