Evidence Act 144 vs BSA 147: Evidence as to matters in writing
Section 144 of the Indian Evidence Act is now section 147 of the Bharatiya Sakshya Adhiniyam, in force from 1 July 2024. 99% of the old wording is kept; 2 words removed and 3 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
Evidence Act section 144Evidence as to matters in writing
Any witness may be asked, whilst 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.
BSA section 147Evidence as to matters in writing
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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.