Section 307 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 307 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the presumption as to documents produced as record of evidence. Specifically, it addresses the admissibility and presumed authenticity of documents that are produced before a court, which purport to be records or memoranda of evidence given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence.(indiankanoon.org)
Key Provisions of Section 307
Presumption of Genuineness: When a document is produced before a court, and it purports to be a record or memorandum of evidence given by a witness, the court shall presume that:
The document is genuine.
Any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true.
Such evidence, statement, or confession was duly taken.(indiankanoon.org)
Conditions for Presumption:
The document must be signed by the judge or magistrate before whom the evidence was given.
The document must be produced in accordance with the law governing the admissibility of such documents.
Relevance: This section is particularly relevant in cases where the original witness is unavailable, and their testimony is sought to be introduced through a record or memorandum. It ensures that such documents are presumed to be authentic and can be relied upon, subject to the conditions mentioned.
Exceptions: The presumption does not apply if the document is shown to be fabricated or if there is evidence to the contrary regarding its authenticity.
Practical Implications
In Criminal Cases: If a witness has given a statement before a police officer or a magistrate, and that witness is unavailable during trial, the statement can be admitted as evidence, provided it meets the conditions set forth in this section.
In Civil Cases: Documents such as affidavits, depositions, or statements recorded by authorized officers can be presumed to be genuine, facilitating smoother proceedings when original witnesses are not available.(indiankanoon.org)
In Electronic Records: With the increasing use of electronic records, this section also applies to digital documents that purport to be records of evidence, provided they comply with the legal standards for electronic evidence.
Conclusion
Section 307 of the Bharatiya Sakshya Adhiniyam, 2023 plays a crucial role in ensuring the continuity and efficiency of legal proceedings by allowing certain documents to be presumed authentic, thereby facilitating the admission of evidence even in the absence of the original witness. However, the presumption is rebuttable, and the opposing party can challenge the authenticity of such documents.
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