Presumption as to documents produced as record of evidence, etc
Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 deals with presumption as to documents produced as record of evidence, etc. 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 The Act came into force on 01 Jul 2024.
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.
Section 79, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 80 Presumption as to documents produced as record of evidence Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane
Decided under Indian Evidence Act 80, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A confessional statement recorded under Section 164 of the Code of Criminal Procedure is not substantive evidence but a former statement made before a legally competent authority. Such statements can be used for corroboration or contradiction of witness testimony and can be admitted and exhibited without the Magistrate who recorded them being examined as a witness. The correct legal framework for admitting such judicial records is Section 80 of the Indian Evidence Act, which creates a presumption of genuineness and proper recording, not Section 89 which applies only to secondary evidence cases under Sections 65(a) and 66.
On this section: Establishes presumption as to documents produced as record of evidence; court presumes document is genuine, statements about circumstances are true, and evidence was duly taken - CORRECTLY APPLIED in this case
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 79
What have the courts held on Section 79 of the Bharatiya Sakshya Adhiniyam?
State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014) is the leading judgment on this section among those set out below, though it was decided under IEA 80, which this section replaced -- the court never mentioned this Act: Establishes presumption as to documents produced as record of evidence; court presumes document is genuine, statements about circumstances are true, and evidence was duly taken - CORRECTLY APPLIED in this case.
How do I find court cases under Section 79 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 79, section 79 BSA, section 79 of the Bharatiya Sakshya Adhiniyam. People searching for it also type 79a bsa and bsa troop 79. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014).
What should I read with Section 79 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 80 (Presumption as to documents produced as record of evidence), so the judgments decided under that provision are the case law on this one.
When did Section 79 of the Bharatiya Sakshya Adhiniyam come into force?
Section 79 of the Bharatiya Sakshya Adhiniyam, cited as BSA 79, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.