Section 31 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
๐ Section 31: Relevancy of Statement as to Fact of Public Nature Contained in Certain Acts or Notifications
Text of Section 31:
"When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact."
๐ Meaning and Application
Section 31 pertains to the admissibility of statements regarding facts of public nature that are contained in:
Central or State Acts
Central or State Government Notifications
Official Gazettes (in print or electronic/digital form)
These statements are considered relevant facts in legal proceedings when the court needs to determine the existence of a public fact.
โ๏ธ Legal Significance
Public Nature of Facts: Facts that are of public interest or concern, such as the establishment of a new government office, changes in administrative boundaries, or public health advisories.
Recitals in Legislation or Notifications: Statements made within the preamble or explanatory sections of Acts or official notifications.
Official Gazettes: Publications by the government that disseminate official information, including laws, regulations, and public notices.
Electronic or Digital Form: Recognizes the validity of statements in electronic or digital versions of official documents, ensuring consistency with modern record-keeping practices.
This section ensures that such statements are admissible in court to establish the existence of public facts, streamlining legal proceedings and reducing the need for additional proof.
๐ Related Sections
Section 81: Presumption as to Gazettes in electronic or digital record.
Section 134: Confidential communication with legal advisers.
Section 118: Presumption as to dowry death.(
Section 101: Evidence as to meaning of illegible characters, etc.
Section 86: Presumption as to electronic records and electronic signatures.
๐งพ Example
If a government notification published in the Official Gazette states that a particular area has been declared a "No-Entry Zone" for heavy vehicles, and a person is found violating this regulation, the statement in the notification is admissible in court to establish the fact of the restriction.
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