Section 79 BSA: Presumption as to documents produced as record of evidence, etc

Bharatiya Sakshya Adhiniyam, 2023

Section 79 BSA at a Glance

Section 79 BSA deals with presumption as to documents produced as record of evidence, etc. It replaced Section 80 IEA on 1 July 2024.

Was IEA

Section 80 →

Section 79 BSA Bare Act Text

79. Presumption as to documents produced as record of evidence, etc

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i) the document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and

(iii) such evidence, statement or confession was duly taken.

Source: Section 79, Bharatiya Sakshya Adhiniyam, 2023

Section 79 BSA in Simple Words

Section 79 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, requires a court to make presumptions about documents produced as records of witness evidence or as statements or confessions of a prisoner or an accused person. When such a document is brought before a court, the court must presume it to be genuine and duly taken.

Section 79 BSA covers a document that purports (appears or claims on its face) to be a memorandum or record (written summary) of all or part of the evidence given by a witness during a judicial proceeding (court proceeding), or before an officer legally authorised to take it. It also covers a document purporting to be a confession or statement by a prisoner or an accused person, taken as the law requires.

The document must purport to bear the signature of a Judge, a Magistrate, or an officer legally authorised to take that evidence.

When such a document is produced, the court must presume under clause (i) that the produced document is genuine. Under clause (ii), it must presume that the statements by the signer about the circumstances of taking the record are true, and under clause (iii), that the confession, statement, or evidence was duly taken.

When Section 79 BSA Applies

  • A document is brought before a court that purports to be a memorandum or record of all or part of the evidence given by a witness during a judicial proceeding or before an officer legally authorised to take it, or a confession or statement by a prisoner or an accused person taken as the law requires.
  • The document purports to bear the signature of a Judge, a Magistrate, or an officer legally authorised to take the evidence.
  • Under clause (i) of Section 79 BSA, the court must presume that the produced document is genuine.
  • Under clauses (ii) and (iii) of Section 79 BSA, the court must presume that the statements by the signer about the circumstances of taking it are true and that the confession, statement, or evidence was duly taken.

Example of Section 79 BSA

In September 2024, during a trial before a court in Kochi, a party produces a written record of witness evidence that Anita gave in an earlier judicial proceeding. The paper purports to bear the signature of a Judge and contains a note by the Judge on the circumstances under which the testimony was recorded. Under Section 79 BSA, the court must presume under clauses (i), (ii), and (iii) that the written record of witness evidence is genuine, that the statements by the Judge about the circumstances of taking it are true, and that the evidence was duly taken.

Section 79 BSA in the IEA (Previous Law)

Section 79 BSA replaces Section 80 IEA from the old criminal code.

Section 80 of the Indian Evidence Act, 1872 became Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Conditions are now numbered, and the heading ends with "etc".

FAQs on Section 79 BSA

What is Section 79 BSA?▼

Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on presumptions for documents produced in court as records of witness evidence or as statements or confessions of a prisoner or an accused person. When such a document is taken as the law requires and purports to bear the signature of a Judge, a Magistrate, or a legally authorised officer, the court must presume under clause (i) that the produced document is genuine. Under clauses (ii) and (iii), the court must also presume that the statements by the signer about the circumstances of taking it are true and that the confession, statement, or evidence was duly taken.

Does Section 79 BSA cover a confession by an accused person?▼

Yes. Section 79 BSA covers a document produced before a court that purports to be a confession or statement by a prisoner or an accused person, provided it was taken as the law requires and purports to bear the signature of a Judge, a Magistrate, or an authorised officer.

What does the court presume under clause (ii) of Section 79 BSA?▼

That the statements by the signer about the circumstances of taking the record are true. Clause (ii) of Section 79 BSA requires the court to presume the truth of any statements about the circumstances in which the evidence, statement, or confession was taken that purport to be made by the person signing the document.

What is Section 79 BSA in IEA?▼

Section 80 IEA. Section 80 IEA became Section 79 BSA on 1 July 2024 with no substantive change, except that the clauses are numbered as (i), (ii), and (iii) and the heading ends with etc.

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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 ·