Section 33 BSA: What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

Bharatiya Sakshya Adhiniyam, 2023

Section 33 BSA at a Glance

Section 33 BSA deals with what evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. It replaced Section 39 IEA on 1 July 2024.

Was IEA

Section 39 →

Section 33 BSA Bare Act Text

33. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

Source: Section 33, Bharatiya Sakshya Adhiniyam, 2023

Section 33 BSA in Simple Words

Section 33 of the Bharatiya Sakshya Adhiniyam, 2023 limits how much of a larger record enters evidence. When a party proves a statement, the party can bring in only what helps the court understand it. The party cannot give evidence of unrelated parts.

Section 33 BSA applies when a statement is inside a longer statement, a conversation, or an isolated document. The rule also covers a document in a book, an electronic record, or linked letters or papers.

Under the Adhiniyam, the court decides how much of the surrounding material is needed in that case. Enough must be given for the court to grasp the meaning and effect of the statement. The court also needs to see the circumstances in which the statement was made. Anything beyond what the court considers necessary cannot be given in evidence.

When Section 33 BSA Applies

  • A party gives evidence of a statement that is part of a longer statement, conversation, or isolated document.
  • The rule also applies when the statement is in a book, an electronic record, or linked letters or papers.
  • Evidence must be given only of the part that the court considers necessary in that case.
  • The court selects the part needed to understand the meaning, effect, and circumstances of the statement.

Example of Section 33 BSA

In August 2024, Farhan relies on a statement from an electronic record in a Bengaluru court case. That electronic record contains messages about the dispute as well as unrelated personal chats. Under Section 33 BSA, the court decides which parts are needed to understand the statement and the surrounding circumstances. Evidence is given only of those necessary parts of the electronic record, and the unrelated chats are left out.

When Section 33 BSA Does Not Apply

  • Parts beyond what the court considers necessary to understand the statement and the circumstances cannot be given in evidence.

Section 33 BSA in the IEA (Previous Law)

Section 33 BSA replaces Section 39 IEA from the old criminal code.

Section 39 of the Indian Evidence Act, 1872 became Section 33 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 33 BSA

What is Section 33 BSA?▼

Section 33 of the Bharatiya Sakshya Adhiniyam, 2023 governs how to prove a statement from a larger record. Evidence can be given only of the part the court considers necessary to understand the statement and the circumstances.

Does a party have to produce an entire book or electronic record to prove a statement in it?▼

No. Under Section 33 BSA, a party gives evidence only of the part the court considers necessary in that case. Unrelated parts of the book or electronic record are not given in evidence.

Who decides how much of a conversation or document is needed in evidence under Section 33 BSA?▼

The court decides. Under Section 33 BSA, the court determines how much of the conversation or document is needed in that case. The court allows the part required to understand the meaning, effect, and circumstances of the statement.

What is Section 33 BSA in IEA?▼

Section 39 IEA. Section 33 BSA replaced Section 39 IEA on 1 July 2024 without any change in wording.

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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 ·