Section 79 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 79 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
π Section 79: Presumption as to Documents Produced as Record of Evidence, etc.
Text of Section 79:
Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume thatβ(aaptaxlaw.com)
(i) the document is genuine;(sudhirrao.com)
(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and(sudhirrao.com)
(iii) such evidence, statement or confession was duly taken.(sudhirrao.com)
π Meaning and Application
Section 79 establishes a legal presumption regarding certain documents produced in court. When a document is presented that appears to be:(sudhirrao.com)
A record or memorandum of evidence given by a witness in a judicial proceeding;(sudhirrao.com)
A statement or confession by a prisoner or accused person, taken in accordance with law;(advocatekhoj.com)
Signed by a Judge, Magistrate, or any officer authorized by law;(aaptaxlaw.com)
The court is required to presume that:(sudhirrao.com)
The document is genuine β It is what it purports to be.(sudhirrao.com)
Statements about the circumstances under which it was taken are true β Any declarations made by the person signing the document regarding how it was obtained are considered accurate.(sudhirrao.com)
The evidence, statement, or confession was duly taken β The process followed to obtain the document was lawful and proper.(advocatekhoj.com)
This presumption aids in the efficiency of legal proceedings by reducing the need to repeatedly prove the authenticity and proper acquisition of such documents.(advocatekhoj.com)
βοΈ Illustrative Example
Scenario:
A is accused of a crime and makes a confession during police interrogation.(indiankanoon.org)
The confession is recorded in writing, signed by the police officer conducting the interrogation.
The confession is produced in court as evidence.
Application of Section 79:
The court will presume that the confession is genuine, that the statements about how it was obtained are true, and that the confession was duly taken, provided it appears to be signed by the authorized officer.(advocatekhoj.com)
π§ Purpose and Importance
Efficiency in Legal Proceedings: By establishing these presumptions, courts can avoid the repetitive task of verifying the authenticity and proper acquisition of such documents each time they are presented.
Reliability of Judicial Records: It ensures that records and confessions made in accordance with the law are treated with the credibility they deserve.
Facilitates Fair Trials: It helps in maintaining the integrity of judicial processes by upholding the validity of documents that are properly executed and signed by authorized personnel.
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