Bharatiya Sakshya Adhiniyam, 2023

BSA Section 79

Presumption as to documents produced as record of evidence, etc

In one line

BSA Section 79 deals with presumption as to documents produced as record of evidence, etc and replaces Evidence Act 80.

Bare act text — BSA 79

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.

What changed from the Evidence Act

  • Evidence Act 80 → BSA 79: The word "that" is excluded and paragraph are numbered as clauses (i), (ii) and (iii).

Frequently asked

What was BSA Section 79 in the Evidence Act?

BSA Section 79 (Presumption as to documents produced as record of evidence, etc) replaces Section 80 of the Indian Evidence Act, 1872. Evidence Act 80 is now BSA 79.

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