What Is BSA Section 147?

Bhartiya Sakshya Adhiniyam, 2023 - Section 147: Evidence as to Matters in Writing

Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document. If he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Explanation: A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

Illustration: The question is, whether A assaulted B. C deposes that he heard A say to D—B wrote a letter accusing me of theft, and I will be revenged on him. This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Brefe Detail

Section 147 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the procedures related to evidence concerning written documents. It states that witnesses can be questioned about whether the evidence they provide is contained in a document. If the witness indicates that it is, the opposing party can object to the evidence until the document is produced or sufficient facts are established to allow secondary evidence. The section also clarifies that oral evidence regarding statements about document contents can be presented if those statements are relevant.

Question & Answers

Q1: What can a witness be asked during examination regarding written documents?

A1: A witness may be asked whether any contract, grant, or other disposition of property, as to which he is giving evidence, was not contained in a document.

Q2: What happens if a witness states that the evidence is contained in a document?

A2: If the witness says that it was, or is about to make a statement about the contents of a document that should be produced, the adverse party may object to such evidence until the document is presented.

Q3: Under what conditions can secondary evidence be given?

A3: Secondary evidence can be given once facts have been proved which entitle the party who called the witness to present such evidence.

Q4: Can a witness provide oral evidence about statements made by others regarding document contents?

A4: Yes, a witness may give oral evidence of statements made by other persons about the contents of documents if such statements are relevant facts.

Example

• If a witness is asked whether a contract related to a property transfer was written down, and the witness confirms it was, the opposing party may ask for the document before allowing the witness to elaborate further.
• A witness named C can testify that A stated to D, B wrote a letter accusing me of theft, which illustrates A's motive for assaulting B, even if the actual letter is not presented.

Summary

Section 147 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the admissibility of evidence concerning written documents in court. It specifies the conditions under which witnesses may refer to documents, including the necessity for the document to be produced upon objection from the opposing party. The section also allows for relevant oral evidence concerning statements about document contents, thereby ensuring clarity in the presentation of evidence.