What Is BSA Section 83?

Bhartiya Sakshya Adhiniyam, 2023 - Section 83: Presumption as to collections of laws and reports of decisions

The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.

Brefe Detail

Section 83 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption regarding the authenticity of books published under governmental authority. It asserts that such books, whether they contain laws or court decisions, are to be regarded as genuine unless proven otherwise.

Question & Answers

Q1: What does Section 83 of the Bhartiya Sakshya Adhiniyam, 2023 state about books published under government authority?

A1: It states that the Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country.

Q2: What types of content are covered under this presumption?

A2: The presumption covers books containing laws of the country as well as those that report decisions of the Courts of that country.

Q3: What is the significance of this section in legal contexts?

A3: It simplifies legal proceedings by establishing a default assumption of authenticity for government-published materials, reducing the burden of proof on those relying on such documents.

Example

• A legal case references a book that contains the laws of a country, printed under government authority. The court will presume the book's genuineness unless evidence is provided to dispute it.
• In a situation where a court decision report is presented, if it is published under the authority of the government, the court will accept it as genuine without further verification.

Summary

Section 83 of the Bhartiya Sakshya Adhiniyam, 2023 provides a presumption of genuineness for books printed or published by the government, including those that contain laws or court decisions. This presumption facilitates their use in legal proceedings by affirming their authenticity unless challenged.