Section 144 IEA: Evidence as to matters in writing

Indian Evidence Act, 1872

Section 144 IEA at a Glance

Section 144 IEA deals with evidence as to matters in writing. From 1 July 2024 it is replaced by Section 147 BSA.

Now BSA

Section 144 IEA Bare Act Text

144. Evidence as to matters in writing
Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
Explanation
A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.
Illustration
The question is, whether A assaulted B.
C deposes that he heard A say to D— “B wrote a letter accusing me of theft, and I will be revenged on him.” This statement is relevant, as showing A’s motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Source: Section 144, Indian Evidence Act, 1872

Section 144 IEA in Simple Words

Section 144 of the Indian Evidence Act, 1872 lets the adverse party (the opposing side) object to spoken testimony about written documents. The objection blocks that testimony until the document is produced or the calling side proves facts allowing secondary evidence (other permitted proof of a document).

Whilst under examination, a witness may be asked whether a contract, a grant (a formal transfer of rights), or another disposition of property (a transfer of property) covered by the testimony was in a document. If the witness says it was written, the opposing side may object. An objection also applies when a witness is about to state the contents of a document that the Court thinks ought to be produced.

Under the Explanation, a witness may give oral evidence (spoken testimony) about what other people said regarding a document, if those spoken statements are relevant facts (facts the Act allows to be proved) by themselves. In the Illustration, a witness hears a person mention an accusing letter and threaten revenge before an assault. The witness may testify to those spoken words because they show motive, even with no other proof of the letter.

When Section 144 IEA Applies

A witness under examination is giving evidence about a contract, a grant, or another disposition of property and may be asked whether it was in a document.
The witness states that the transaction was in a document, or is about to speak about the contents of a document that the Court considers ought to be produced.
The opposing side, called the adverse party, may object to that testimony until the document is brought to court.
Alternatively, the objection remains until the side calling the witness proves facts that allow secondary evidence of the document.

Example of Section 144 IEA

In 2022, during a property trial in Pune, Ramesh testifies about a land grant made by Anita to Farhan. Under examination, Ramesh is asked whether that grant was contained in a document and answers that it was written down. Relying on Section 144 IEA, Farhan objects to Ramesh giving spoken testimony about the terms of the land grant. The Court sustains the objection until the grant document is produced or the side that called Ramesh proves facts allowing secondary evidence of the land grant.

When Section 144 IEA Does Not Apply

The rule does not stop a witness from testifying orally about what other people said regarding a document, when those spoken statements are relevant facts by themselves.
An objection by the adverse party ceases to block the testimony once the document is produced in court or the calling side proves facts allowing secondary evidence of it.

Section 144 IEA in the BSA

Section 144 IEA is now covered under Section 147 BSA.

Section 144 of the Indian Evidence Act, 1872 became Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. "Whilst" reads "while".

View detailed comparison (IEA 144 vs BSA 147) →

FAQs on Section 144 IEA

What is Section 144 IEA?▼

Section 144 of the Indian Evidence Act, 1872 deals with spoken evidence about matters that are in writing. It lets the adverse party object when a witness testifies about a written contract, a grant, or another disposition of property, or about the contents of a document that the Court thinks ought to be produced. The objection blocks that testimony until the document is produced or the calling party proves facts allowing secondary evidence.

Can a witness be asked during examination whether an agreement was put in writing?▼

Yes. Under Section 144 IEA, a witness under examination may be asked whether a contract, a grant, or another disposition of property covered by the testimony was contained in a document.

Can a witness ever speak in court about what someone else said regarding a document without producing the document?▼

Yes. Under the Explanation to Section 144 IEA, a witness may give oral evidence about what another person said concerning a document when that spoken statement is itself a relevant fact, such as showing motive for an assault.

What is Section 144 IEA in BSA?▼

Section 147 BSA replaced Section 144 IEA on 1 July 2024. There is no substantive change in the rule, and only the word whilst was updated to while.

Have questions about Section 144 IEA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·