What is Section 147 BSA?

Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 regulates oral evidence about matters that are in writing. It allows the adverse party to object when a witness testifies about a written contract, a grant, or another disposition of property, or about the contents of a document that the Court considers ought to be produced. That objection blocks the spoken testimony until the document is produced or the calling party proves facts allowing secondary evidence.

When can the adverse party object to oral testimony about a document under Section 147 BSA?

An objection can be raised when a witness under examination admits that a contract, a grant, or another disposition of property was in a document, or is about to state the contents of a document that the Court thinks ought to be produced. The objection stops the testimony until the document is produced or facts allowing secondary evidence are proved.

Does Section 147 BSA allow a witness to repeat a statement made by another person about a document?

Yes. Under the Explanation to Section 147 BSA, a witness may testify orally about what another person said regarding a document if that spoken statement is itself a relevant fact, such as showing motive for an assault.

What is Section 147 BSA in IEA?

Section 144 IEA is the corresponding provision that Section 147 BSA replaced on 1 July 2024. The rule has no substantive change, and only the word whilst was changed to while.

IEA 144 Is Now BSA 147: Evidence as to Matters in Writing

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	144	147
Heading	Evidence as to matters in writing	Same

IEA 144 and BSA 147: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 144, IEA 1872

144. Evidence as to matters in writing.—Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and 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.

BSA 2023 (in force)

Section 147, BSA 2023

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, and 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.

When It Applies: IEA 144 vs BSA 147

Under IEA 144

A witness under examination is giving evidence about a contract, a grant, or another disposition of property and may be asked whether it was in a document.
The witness states that the transaction was in a document, or is about to speak about the contents of a document that the Court considers ought to be produced.
The opposing side, called the adverse party, may object to that testimony until the document is brought to court.
Alternatively, the objection remains until the side calling the witness proves facts that allow secondary evidence of the document.

Under BSA 147

A witness under examination is testifying about a contract, a grant, or another disposition of property and may be asked whether it was in a document.
The witness confirms that the transaction was in a document, or is about to state the contents of a document that the Court considers ought to be produced.
The opposing side, called the adverse party, may object to that testimony until the document is brought to court.
Alternatively, the objection remains until the side calling the witness proves facts that allow secondary evidence of the document.

What IEA 144 to BSA 147 Means in Practice

The same rule on objecting to oral testimony about matters in writing applies without any substantive change, and the word whilst was replaced with while. A party or witness should cite Section 147 BSA for matters governed by the Adhiniyam.

IEA 144 to BSA 147: Evidence as to matters in writing

IEA 144 to BSA 147 at a Glance

What Changed From IEA 144 to BSA 147?

IEA 144 vs BSA 147: Comparison Table

IEA 144 and BSA 147: Bare Act Text Side by Side

When It Applies: IEA 144 vs BSA 147

What IEA 144 to BSA 147 Means in Practice