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.
