PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE · Presumptions as to documents

Section 79: Presumption as to documents produced as record of evidence, etc

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

79	80. Presumption as to documents produced as record of evidence.

Questions on this section

1 question in 6 of our papers cite Section 79. Try these from the free papers:

1. A document produced before a Court purports to be the record of a confession of an accused person, taken in accordance with law and signed by a Magistrate. Under Section 79 of the BSA, the Court:

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