Section 83 BSA: Presumption as to collections of laws and reports of decisions

Bharatiya Sakshya Adhiniyam, 2023

Section 83 BSA at a Glance

Section 83 BSA deals with presumption as to collections of laws and reports of decisions. It replaced Section 84 IEA on 1 July 2024.

Was IEA

Section 84 →

Section 83 BSA Bare Act Text

83. Presumption as to collections of laws and reports of decisions

The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.

Source: Section 83, Bharatiya Sakshya Adhiniyam, 2023

Section 83 BSA in Simple Words

Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume (accept as true) the genuineness of certain books of laws and books of court decisions. When a party places such a book before the court, the court must treat the book itself as genuine.

The rule applies to every book that purports (appears on its face) to have been printed or published by authority of the government in any country. The book must also purport to hold laws from that country.

Section 83 BSA also applies to every book that purports to hold reports of decisions from the courts in such a country. Because the Adhiniyam refers to any country, the presumption covers books from India as well as foreign countries.

When Section 83 BSA Applies

  • Applies to a court whenever a qualifying book of laws or book of court decision reports is placed before it.
  • Applies when a book appears on its face as printed or published with government authority from any country and holds laws from that country.
  • Applies when a book appears on its face to hold reports of court decisions from that country.

Example of Section 83 BSA

In 2025, Priya submits a published collection of foreign statutes and a volume of foreign court rulings during a trial in Bengaluru. The statute collection states on its cover that it is printed by authority of the government in that country and holds laws from that country. The ruling volume states that it holds reports of decisions from the courts in that country. Under Section 83 BSA, the court must presume the genuineness of the statute collection and the ruling volume.

Section 83 BSA in the IEA (Previous Law)

Section 83 BSA replaces Section 84 IEA from the old criminal code.

Section 84 of the Indian Evidence Act, 1872 became Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 83 BSA

What is Section 83 BSA?▼

Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule that requires a court to presume the genuineness of certain books of laws and books of court decisions. It covers books that appear on their face as printed or published by government authority in any country and holding laws of that country, as well as books that appear to hold reports of court decisions from that country.

Is the presumption under Section 83 BSA mandatory for the court?▼

Yes. Section 83 BSA states that the court must presume the genuineness of every qualifying book of laws or reports of court decisions. The court cannot decline to draw this presumption when a book meets the description in the Adhiniyam.

Does Section 83 BSA apply to foreign books of laws and court decisions?▼

Yes. Section 83 BSA applies to books of laws and reports of court decisions from any country. It is not restricted to Indian publications.

What is Section 83 BSA in IEA?▼

Section 84 IEA. Section 84 IEA became Section 83 BSA 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 ·