CHAPTER II.––OF THE RELEVANCY OF FACTS · STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES

Section 35: Relevancy of entry in public record made in performance of duty

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

An entry in any public or other official book, register or ¹[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 ¹[record or an electronic record], is kept, is itself a relevant fact.

Footnotes in the official text

1.Subs. by s. 92 and the Second Schedule, ibid., for “record” (w.e.f. 17-10-2000).

Now in the BSA

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

35. Relevancy of entry in public record made in performance of duty.

BSA 29

Questions on this section

2 questions in 11 of our papers cite Section 35. Try these from the free papers:

1. In Birad Mal Singhvi v. Anand Purohit (1988), on an entry of the date of birth in a school register relied on under Section 35 of the Indian Evidence Act, 1872 (now Section 29 of the BSA), the Supreme Court held that:

Practise questions on Criminal Law