Section 35 IEA: Relevancy of entry in public record made in performance of duty
Indian Evidence Act, 1872
Section 35 IEA at a Glance
Section 35 IEA deals with relevancy of entry in public record made in performance of duty. From 1 July 2024 it is replaced by Section 29 BSA.
Section 35 IEA Bare Act Text
35. Relevancy of entry in public record made in performance of duty
An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.
Source: Section 35, Indian Evidence Act, 1872
Section 35 IEA in Simple Words
Section 35 of the Indian Evidence Act, 1872 makes an entry in a public or official record a relevant fact. This lets a party use entries from a public or official book, register, record, or electronic record in court.
To qualify, the entry must state either a fact in issue or a relevant fact. The person who recorded the entry must have done so while carrying out a recognised duty.
A public servant who makes the entry while carrying out official duty satisfies that requirement. Another person also satisfies it when the law of the country where the record is kept specially requires the duty.
When Section 35 IEA Applies
- The entry is recorded in a public or official book, register, record, or electronic record.
- The entry states either a fact in issue or a relevant fact.
- A public servant made the entry while carrying out official duty.
- Alternatively, another person made the entry under a duty specially required by the law where the record is kept.
Example of Section 35 IEA
Section 35 IEA in the BSA
Section 35 IEA is now covered under Section 29 BSA.
Section 35 of the Indian Evidence Act, 1872 became Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording. The heading now reads "Relevancy of entry in public record or an electronic record made in performance of duty".
View detailed comparison (IEA 35 vs BSA 29) →FAQs on Section 35 IEA
What is Section 35 IEA?▼
Section 35 of the Indian Evidence Act, 1872 makes an entry in a public or official book, register, record, or electronic record a relevant fact. The entry must state a fact in issue or a relevant fact and must be made by a public servant in official duty or by another person under a duty specially required by law.
Does Section 35 IEA apply to entries in electronic records?▼
Yes. Section 35 IEA covers entries in an electronic record alongside entries in a public or official book, register, or record. The entry still must state a fact in issue or a relevant fact and be made in performance of an official or legally required duty.
Can an entry made by someone who is not a public servant be relevant under Section 35 IEA?▼
Yes. An entry made by another person is a relevant fact if that person made it while performing a duty specially required by the law of the country where the record is kept.
What is Section 35 IEA in BSA?▼
Section 29 BSA. It replaced Section 35 IEA without any change in the wording of the rule, and the heading adds the words or an electronic record.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·