Section 31 BSA: Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Bharatiya Sakshya Adhiniyam, 2023

Section 31 BSA at a Glance

Section 31 BSA deals with relevancy of statement as to fact of public nature contained in certain Acts or notifications. It replaced Section 37 IEA on 1 July 2024.

Was IEA

Section 37 →

Section 31 BSA Bare Act Text

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.

Source: Section 31, Bharatiya Sakshya Adhiniyam, 2023

Section 31 BSA in Simple Words

Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 applies when a court has to decide whether a public fact exists. It makes a statement of that fact in certain laws or government notifications a relevant fact (a fact a court can consider in evidence).

Under Section 31 BSA, the statement must appear in a recital (an introductory passage stating background facts in a law or notice). A recital contained in a Central Act or a State Act qualifies directly.

Section 31 BSA also covers a recital in a Central Government notification or a State Government notification. That notification must appear in the respective Official Gazette (the official journal where that government publishes notices). It also qualifies when appearing in a printed paper purporting (appearing on its face) to be that Gazette. A digital or electronic version purporting to be that Official Gazette is covered as well.

When Section 31 BSA Applies

  • A court needs to form an opinion on whether a public fact exists.
  • A statement of that public fact is made in a recital inside a Central Act or a State Act.
  • Alternatively, the recital is inside a Central Government or State Government notification published in the respective Official Gazette.
  • The notification may also appear in a printed paper or in a digital or electronic version that purports to be that Official Gazette.

Example of Section 31 BSA

In October 2024, a court in Pune needs to form an opinion on whether a highway closure is a public fact in a contract dispute involving Anita. Anita produces an electronic version purporting to be the State Official Gazette, which contains a State Government notification with a recital stating that the highway was closed to public traffic. Because the statement of that public fact is in a recital inside a State Government notification appearing in an electronic version purporting to be the Official Gazette, it is a relevant fact under Section 31 BSA for the court to form an opinion on the highway closure.

Section 31 BSA in the IEA (Previous Law)

Section 31 BSA replaces Section 37 IEA from the old criminal code.

Section 37 of the Indian Evidence Act, 1872 became Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Colonial sources were removed: Acts of the United Kingdom Parliament, the Crown Representative, the London Gazette and the Gazettes of any Dominion or colony. It now covers Central and State Acts and Government notifications in the Official Gazette, and adds printed paper "or in electronic or digital form".

FAQs on Section 31 BSA

What is Section 31 BSA?▼

Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 makes a statement about a public fact a relevant fact when a court needs to form an opinion on whether that fact exists. The statement must be in a recital inside a Central Act, a State Act, or a Central or State Government notification published in the Official Gazette of that government.

Does Section 31 BSA cover a government notification in an electronic Official Gazette?▼

Yes. Under Section 31 BSA, a recital in a Central or State Government notification is covered if it is published in the Official Gazette of that government, or in any printed paper or digital or electronic version purporting to be that Gazette.

Does a statement under Section 31 BSA automatically prove the public fact?▼

No. Section 31 BSA makes the statement a relevant fact, which means the court can consider it when forming an opinion on whether the public fact exists.

What is Section 31 BSA in IEA?▼

Section 31 BSA corresponds to Section 37 IEA. Section 31 BSA removes colonial references such as United Kingdom Parliament Acts, the Crown Representative, the London Gazette, and Dominion or colony Gazettes, and adds digital or electronic form for Official Gazettes.

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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 ·