Section 147 BSA: Evidence as to matters in writing
Bharatiya Sakshya Adhiniyam, 2023
Section 147 BSA at a Glance
Section 147 BSA deals with evidence as to matters in writing. It replaced Section 144 IEA on 1 July 2024.
Section 147 BSA Bare Act Text
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.
ExplanationA witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.
IllustrationThe 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.
Source: Section 147, Bharatiya Sakshya Adhiniyam, 2023
Section 147 BSA in Simple Words
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 lets the adverse party (the opposing side) object to spoken testimony about written transactions or the contents of a document. The rule blocks that spoken evidence until the document is produced in court or the calling party proves facts permitting secondary evidence (other allowed proof of a document).
While under examination, a witness may be asked whether a contract, a grant (a formal transfer of rights), or another disposition of property (a transfer of property) covered by the testimony was contained in a document. If the witness says it was written, the opposing side may object. The opposing side may also object when a witness is about to state the contents of a document that the Court considers ought to be produced.
Under the Explanation, a witness may still give oral evidence (spoken testimony) about what other people said concerning the contents of a document, if those spoken statements are relevant facts (facts the Adhiniyam allows to be proved) in themselves. As shown in the Illustration, a witness may testify to hearing someone mention an accusing letter and threaten revenge, because that statement is relevant to show motive for an assault even without other proof of the letter.
When Section 147 BSA Applies
- 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.
Example of Section 147 BSA
When Section 147 BSA Does Not Apply
- The rule does not stop a witness from testifying orally about what other people said regarding a document, when those spoken statements are relevant facts by themselves.
- An objection by the adverse party ceases to block the testimony once the document is produced in court or the calling side proves facts allowing secondary evidence of it.
Section 147 BSA in the IEA (Previous Law)
Section 147 BSA replaces Section 144 IEA from the old criminal code.
Section 144 of the Indian Evidence Act, 1872 became Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Whilst" reads "while".
FAQs on Section 147 BSA
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.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·