Bharatiya Sakshya Adhiniyam, 2023
Section 147 BSA 2023: Evidence as to Matters in Writing
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a witness who is giving evidence about a contract, grant, other disposition of property, or the contents of a document. Where the matter is contained in a document that ought to be produced, the adverse party may object to oral evidence of its contents until the document is produced or the legal basis for giving secondary evidence is established.
Applicable law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. Section 147 is contained in Chapter X, "Of Examination of Witnesses".
Text of Section 147 - Evidence as to matters in writing
147. Any witness may be asked, while 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.
Meaning and scope of Section 147 BSA
Section 147 applies during the examination of a witness. It addresses situations in which the witness is speaking about a transaction or subject that was recorded in writing, or is about to state the contents of a document that the Court considers should be produced.
The provision protects the evidentiary preference for the document itself where the contents of that document are material. It permits the adverse party to object to oral evidence of the document's contents until either the document is produced or the party relying on the witness proves facts that legally permit secondary evidence.
When the document should be produced
The section is attracted when a witness says that a contract, grant or other disposition of property was contained in a document, or when the witness is about to state the contents of a document which, in the Court's opinion, ought to be produced.
Key effect: the adverse party may object before oral evidence of the document's contents is received. The objection continues until the document is produced or the foundation for secondary evidence is proved.
Section 147 and secondary evidence
Section 147 does not create a separate category of secondary evidence. Instead, it requires the party calling the witness to establish the facts that entitle that party to rely on secondary evidence where the original document is not produced.
The provision should therefore be read together with the BSA rules governing documentary evidence and secondary evidence. Whether secondary evidence is admissible depends on satisfaction of the conditions prescribed by the Adhiniyam and the facts proved in the particular proceeding.
Explanation: oral evidence about statements referring to a document
The Explanation distinguishes evidence of the contents of a document from evidence of a separate relevant statement referring to that document. A witness may testify to statements made by another person about a document where those statements are themselves relevant facts.
In such a case, the statement is not necessarily being tendered to prove the document's contents. It may instead be relevant for another evidentiary purpose, such as motive, intention, conduct or another fact that the law treats as relevant.
Illustration under Section 147
The statutory illustration concerns an alleged assault. C says that he heard A tell D that B had written a letter accusing A of theft and that A would take revenge. The statement may be proved because it is relevant to A's motive for the alleged assault, even though no separate evidence is given to prove the contents of B's letter.
Official legal sources
For the authoritative statutory text and commencement notification, refer to the official India Code and Ministry of Home Affairs resources linked in the sidebar.