Section 163 BSA: Testimony to facts stated in document mentioned in section 162

Bharatiya Sakshya Adhiniyam, 2023

Section 163 BSA at a Glance

Section 163 BSA deals with testimony to facts stated in document mentioned in section 162. It replaced Section 160 IEA on 1 July 2024.

Was IEA

Section 160 →

Section 163 BSA Bare Act Text

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.

Illustration

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.

Source: Section 163, Bharatiya Sakshya Adhiniyam, 2023

Section 163 BSA in Simple Words

Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 lets a witness give evidence in court about facts written in certain documents, even when the witness does not remember the specific facts. To do so, the witness must be sure that the facts were accurately written in that document.

The rule covers documents described in Section 162 BSA for refreshing memory during examination. That includes a writing made by the witness when the transaction took place, or soon enough after it that the court thinks the matter was likely still fresh in memory. It also covers a writing made by another person, if the witness read it within that period and knew then that it was accurate. With the permission of the court, a witness may use a copy when the court is satisfied there is a good reason for not bringing the original, and an expert may use professional treatises (specialist books).

For instance, a book-keeper may forget specific transactions entered in business books kept regularly during work. Under Section 163 BSA, the book-keeper may still testify to those recorded facts if the book-keeper knows that the books were kept accurately.

When Section 163 BSA Applies

  • A witness is giving evidence about facts written in a document of the kind covered by Section 162 BSA.
  • The witness has forgotten the specific facts or transactions recorded in that document.
  • The witness is certain that the facts were accurately written down in the document.

Example of Section 163 BSA

In 2025, Anita works as a safety inspector at a factory in Chennai and checks the valves on a boiler after a leak. During the check, Anita writes down the pressure readings and valve defects in an inspection report while examining the equipment. At a court hearing in Chennai over the boiler leak, the inspector does not remember the specific defects found on that day. Because Anita is sure that the report was recorded accurately, Section 163 BSA lets the inspector testify to the facts written in that report about the boiler leak.

Section 163 BSA in the IEA (Previous Law)

Section 163 BSA replaces Section 160 IEA from the old criminal code.

Section 160 of the Indian Evidence Act, 1872 became Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Only the section numbers it cites were updated.

FAQs on Section 163 BSA

What is Section 163 BSA?▼

Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule that lets a witness testify to facts recorded in a document covered by Section 162 BSA even when the witness has forgotten the specific facts. The witness must be sure that the facts were accurately written in the document.

Can a witness testify to facts in a document after forgetting the specific transaction?▼

Yes. Under Section 163 BSA, a witness who has forgotten the specific details may still testify to the facts from a document covered by Section 162 BSA. The witness has to be sure that the facts were accurately recorded in that document.

Does Section 163 BSA apply to a document written by another person?▼

Yes. Section 163 BSA covers any document mentioned in Section 162 BSA, which includes a writing made by another person while the transaction was likely fresh in the memory of the witness. The witness must have read that writing within that period and known then that it was accurate.

What is Section 163 BSA in IEA?▼

Section 160 IEA. Section 160 IEA became Section 163 BSA on 1 July 2024 with no substantive change, and the same rule applies.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·