Section 10 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 10 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 deals with:
Things said by persons who cannot be called as witnesses
This section provides the legal basis for admitting certain statements made by persons who are dead, missing, or otherwise unavailable to testify, as relevant evidence, under specific circumstances.
🟦 Summary of Section 10 – BSA 2023:
If a person cannot be called as a witness due to death, being untraceable, incapacity, or other similar reasons, their previous statements may be considered relevant if they fall under any of the following categories:
Statements made in the course of business:
Example: Entries in account books or memos made in routine business.
Statements against interest:
Statements that were against the person’s own interest at the time they were made (e.g., admissions of liability).
Statements about public rights or customs:
Declarations related to public rights, customs, or matters of general interest.
Statements about family relationships or genealogy:
This includes statements about birth, marriage, or family history made by persons having special knowledge.
Statements in documents relating to family affairs:
Wills, deeds, or other documents relating to family matters where the person had special means of knowledge.
Statements in ancient documents:
Statements made in documents more than 20 years old are considered relevant.
Statements in legal proceedings:
Depositions or statements given in previous legal proceedings, under certain conditions.
✅ Key Purpose:
To allow important evidence to be used in court even when the person who made the statement is not available, as long as certain criteria are met.
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