What Is BSA Section 79?

Bhartiya Sakshya Adhiniyam, 2023 - Section 79: Presumption as to documents produced as record of evidence, etc.

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 that—

• (i) the document is genuine;
• (ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and
• (iii) such evidence, statement or confession was duly taken.

Brefe Detail

This section establishes the presumption of genuineness for documents that are presented as records of evidence in judicial proceedings. It outlines that when certain documents, particularly those signed by a Judge or authorized officer, are produced, the Court will accept them as genuine and valid unless proven otherwise.

Question & Answers

What does Section 79 of the Bhartiya Sakshya Adhiniyam pertain to?

Section 79 pertains to the presumption of genuineness of documents produced as records of evidence in judicial proceedings.

What types of documents are covered under this section?

The section covers documents that purport to be records or memoranda of evidence given by witnesses or confessions taken from prisoners, signed by Judges or authorized officers.

What presumption does the Court make regarding such documents?

The Court presumes that the document is genuine, that any statements made regarding its circumstances are true, and that the evidence or confession was duly taken.

Who can sign the documents mentioned in this section?

Documents can be signed by a Judge, Magistrate, or any officer authorized to take evidence.

Example

• A witness provides a written statement in a court case that is signed by the presiding Judge. According to Section 79, this document is presumed to be genuine.
• A confession made by an accused person is recorded and signed by the Magistrate. The Court will assume that the confession was taken properly and that the document is authentic.

Summary

Section 79 of the Bhartiya Sakshya Adhiniyam presumes the genuineness of documents presented as evidence in court when they are signed by authorized officials. This includes records of witness testimonies and confessions, and it simplifies the process of accepting such documents as valid evidence.