Section 54 BSA: Proof of facts by oral evidence

Bharatiya Sakshya Adhiniyam, 2023

Section 54 BSA at a Glance

Section 54 BSA deals with proof of facts by oral evidence. It replaced Section 59 IEA on 1 July 2024.

Was IEA

Section 59 →

Section 54 BSA Bare Act Text

54. Proof of facts by oral evidence

All facts, except the contents of documents may be proved by oral evidence.

Source: Section 54, Bharatiya Sakshya Adhiniyam, 2023

Section 54 BSA in Simple Words

Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party prove facts through oral evidence (spoken testimony in court). From 1 July 2024, any fact can be proved this way, except what is inside a document.

The rule is permissive because the text states that facts may be proved through oral evidence. When a party seeks to establish a fact outside a document, a witness can give spoken testimony in court.

Section 54 BSA carves out an exception for the contents of documents. A party cannot rely on oral evidence under Section 54 BSA to prove what a document contains.

When Section 54 BSA Applies

  • Applies when a party seeks to prove any fact in court through spoken testimony.
  • Applies only when the fact being proved is not the contents of documents.

Example of Section 54 BSA

In August 2024, Priya brings a dispute in a Jaipur court and wants to prove through spoken testimony that Farhan delivered goods to a shop and what is written inside a lease deed. Under Section 54 BSA, Priya may prove the fact of the delivery of goods through oral evidence. However, under Section 54 BSA, the contents of the lease deed document cannot be proved through oral evidence.

When Section 54 BSA Does Not Apply

  • Does not allow proving the contents of documents through oral evidence.

Section 54 BSA in the IEA (Previous Law)

Section 54 BSA replaces Section 59 IEA from the old criminal code.

Section 59 of the Indian Evidence Act, 1872 became Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words "or electronic records" were dropped. "Document" in Section 2(1)(d) now "includes electronic and digital records".

FAQs on Section 54 BSA

What is Section 54 BSA?▼

Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on proving facts through oral evidence. It states that all facts can be proved through oral evidence, except the contents of documents.

Can the contents of a document be proved by oral evidence under Section 54 BSA?▼

No. Section 54 BSA excludes the contents of documents from the facts that can be proved through oral evidence.

What is Section 54 BSA in IEA?▼

Section 59 IEA is the corresponding provision in the earlier Act. Section 54 BSA dropped the words or electronic records from Section 59 IEA, and document in Section 2(1)(d) BSA includes electronic and digital records.

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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 ·