Law4u - Made in India

What Is BSA Section 163?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 163: Testimony to Facts Stated in Document Mentioned in Section 162

A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document.

A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.

Brefe Detail

Section 163 of the Bhartiya Sakshya Adhiniyam, 2023, allows witnesses to testify about facts contained in documents referred to in Section 162, even if they do not have a specific recollection of those facts. The key requirement is the witness's assurance that the facts were accurately recorded in the document. Additionally, book-keepers can testify about entries in their business records as long as they can confirm that the records were maintained correctly.

Question & Answers

Q1: What does Section 163 of the Bhartiya Sakshya Adhiniyam, 2023 allow?

A1: It allows witnesses to testify to facts mentioned in documents referred to in Section 162, even without specific recollection of those facts.

Q2: What must a witness be sure of when testifying about facts in a document?

A2: The witness must be sure that the facts were correctly recorded in the document.

Q3: Can a book-keeper testify if they do not remember specific transactions?

A3: Yes, a book-keeper can testify to facts recorded in business books if they know the books were correctly kept, even if they have forgotten particular transactions.

Example

Scenario: A witness is asked about a contract's details but cannot specifically recall the terms.

The witness can testify to the facts as they are recorded in the contract document, provided they are confident that the contract accurately reflects those facts.

Book-Keeper Scenario: A book-keeper is questioned about sales from last month.

The book-keeper can testify to the sales figures as recorded in the accounting books, even if they do not remember the specific sales transactions.

Summary

Section 163 of the Bhartiya Sakshya Adhiniyam, 2023, facilitates the admission of testimony based on documents referenced in Section 162. It enables witnesses to provide evidence about facts recorded in such documents without needing to recall them specifically, ensuring that accurate records can be utilized in legal proceedings. Additionally, it allows book-keepers to provide testimony about business records, enhancing the reliability of evidence in commercial contexts.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Abhilash Sinha

Advocate Abhilash Sinha

Anticipatory Bail, Arbitration, Banking & Finance, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Ashish Kumar Gupta

Advocate Ashish Kumar Gupta

Civil,Court Marriage,Criminal,Divorce,Family,

Get Advice
Advocate Manish Dhiman

Advocate Manish Dhiman

Cyber Crime, Criminal, R.T.I, Motor Accident, Civil

Get Advice
Advocate Rajkamal Srivastava

Advocate Rajkamal Srivastava

Insurance, GST, Motor Accident, Banking & Finance, R.T.I

Get Advice
Advocate Anil Kumar Dhariwal

Advocate Anil Kumar Dhariwal

Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Rohitkumar Damaji Kamble

Advocate Rohitkumar Damaji Kamble

Property, Revenue, Wills Trusts, Banking & Finance, Breach of Contract, Civil, Documentation, Succession Certificate

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.