Section 29 BSA: Relevancy of entry in public record or an electronic record made in performance of duty

Bharatiya Sakshya Adhiniyam, 2023

Section 29 BSA at a Glance

Section 29 BSA deals with relevancy of entry in public record or an electronic record made in performance of duty. It replaced Section 35 IEA on 1 July 2024.

Was IEA

Section 35 →

Section 29 BSA Bare Act Text

29. Relevancy of entry in public record or an electronic record made in performance of duty

An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.

Source: Section 29, Bharatiya Sakshya Adhiniyam, 2023

Section 29 BSA in Simple Words

Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 makes an entry in a public or official record a relevant fact. This lets a party in court rely on entries in a public or official book, register, record, or electronic record.

For the entry to qualify, it must state either a fact in issue or a relevant fact in the proceeding. The entry must also have been made as part of a recognised duty.

That duty may belong to a public servant who makes the entry while carrying out official duty. It may also belong to another person performing a duty specially required by the law where the record is kept.

When Section 29 BSA Applies

  • The entry is recorded in a public or official book, register, record, or electronic record.
  • The entry states either a fact in issue or a relevant fact.
  • A public servant made the entry while carrying out official duty.
  • Alternatively, another person made the entry under a duty specially required by the law where the record is kept.

Example of Section 29 BSA

In 2025, a land revenue officer in Pune enters mutation details in an official electronic land register as part of official duty. Farhan and Priya later dispute possession of that land before a court in Pune. Priya relies on the electronic land register entry to show the recorded land holder. Because a public servant made the entry in an official electronic record while performing official duty and the entry states a relevant fact, the electronic land register entry is a relevant fact under Section 29 BSA.

Section 29 BSA in the IEA (Previous Law)

Section 29 BSA replaces Section 35 IEA from the old criminal code.

Section 35 of the Indian Evidence Act, 1872 became Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Relevancy of entry in public record or an electronic record made in performance of duty".

FAQs on Section 29 BSA

What is Section 29 BSA?▼

Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 makes an entry in a public or official book, register, record, or electronic record a relevant fact. The entry must state a fact in issue or a relevant fact and must be made by a public servant in official duty or by another person under a duty specially required by law.

Does Section 29 BSA cover electronic public records?▼

Yes. Both the heading and the text of Section 29 BSA include an electronic record alongside a public or official book, register, or record. The entry is a relevant fact when it states a fact in issue or a relevant fact and is made in performance of an official or legally required duty.

Does Section 29 BSA apply if a law requires a person who is not a public servant to keep a register?▼

Yes. An entry made by another person is a relevant fact when that person makes the entry in performance of a duty specially required by the law of the country where the register or record is kept.

What is Section 29 BSA in IEA?▼

Section 35 IEA. Section 29 BSA keeps the exact wording of Section 35 IEA, while the section heading adds the words or an electronic record.

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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 ·