Section 39 IEA: What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

Indian Evidence Act, 1872

Section 39 IEA at a Glance

Section 39 IEA deals with what evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers. From 1 July 2024 it is replaced by Section 33 BSA.

Now BSA

Section 33 →

Section 39 IEA Bare Act Text

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

Source: Section 39, Indian Evidence Act, 1872

Section 39 IEA in Simple Words

Section 39 of the Indian Evidence Act, 1872 limits how much of a larger record enters evidence. When a party proves a statement, the party can bring in only what helps the court understand it. The party cannot give evidence of unrelated parts.

Section 39 IEA applies when a statement is inside a longer statement, a conversation, or an isolated document. The rule also covers a document in a book, an electronic record, or linked letters or papers.

Under the Act, the court decides how much of the surrounding material is needed in that case. Enough must be given for the court to grasp the meaning and effect of the statement. The court also needs to see the circumstances in which the statement was made. Anything beyond what the court considers necessary cannot be given in evidence.

When Section 39 IEA Applies

A party gives evidence of a statement that is part of a longer statement, conversation, or isolated document.
The rule also applies when the statement is in a book, an electronic record, or linked letters or papers.
Evidence must be given only of the part that the court considers necessary in that case.
The court selects the part needed to understand the meaning, effect, and circumstances of the statement.

Example of Section 39 IEA

In 2022, Anita relies on a statement from a series of letters in a Pune court case. That series of letters discusses the dispute as well as unrelated family matters. Under Section 39 IEA, the court decides which parts are needed to understand the statement and the surrounding circumstances. Evidence is given only of those necessary letters from the series, and the unrelated letters are left out.

When Section 39 IEA Does Not Apply

Parts beyond what the court considers necessary to understand the statement and the circumstances cannot be given in evidence.

Section 39 IEA in the BSA

Section 39 IEA is now covered under Section 33 BSA.

Section 39 of the Indian Evidence Act, 1872 became Section 33 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 39 vs BSA 33) →

FAQs on Section 39 IEA

What is Section 39 IEA?▼

Section 39 of the Indian Evidence Act, 1872 governs how to prove a statement from a larger record. Evidence can be given only of the part the court considers necessary to understand the statement and the circumstances.

Does a party have to produce an entire book or electronic record to prove a statement in it?▼

No. Under Section 39 IEA, a party gives evidence only of the part the court considers necessary in that case. Unrelated parts of the book or electronic record are not given in evidence.

Who decides how much of a conversation or document is needed in evidence under Section 39 IEA?▼

The court decides. Under Section 39 IEA, the court determines how much of the conversation or document is needed in that case. The court allows the part required to understand the meaning, effect, and circumstances of the statement.

What is Section 39 IEA in BSA?▼

Section 33 BSA. It replaced Section 39 IEA 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, Indian Evidence Act, 1872 ·