Section 163 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 163 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the admissibility of testimony regarding facts stated in documents, even when the witness does not have a specific recollection of those facts. This provision is particularly relevant in situations where a witness has recorded information in documents but cannot remember the details at the time of testifying.
📄 Text of Section 163
"A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document."(myjudix.com)
Illustration: A bookkeeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.(aaptaxlaw.com)
🧾 Explanation
Section 163 allows a witness to testify about facts stated in a document referred to in Section 162, even if they do not have a specific recollection of those facts. The key condition is that the witness must be certain that the facts were accurately recorded in the document.
This provision is particularly useful in cases where individuals maintain records or documents as part of their regular duties but may not remember every detail at the time of testifying. It ensures that accurate and reliable records can still be used as evidence, even if the witness cannot personally recall the specific facts.
⚖️ Legal Implications
Preservation of Documented Evidence: Section 163 ensures that documents maintained in the regular course of business or duty can be used as evidence, even if the person who created them cannot recall the specific details.
Reliability of Records: The requirement that the witness must be certain of the accuracy of the records helps maintain the reliability and integrity of the evidence presented.
Efficiency in Legal Proceedings: By allowing documented facts to be admitted even without the witness's specific recollection, this provision facilitates smoother and more efficient legal proceedings, especially in complex cases involving voluminous records.
🧭 Summary
Section 163 of the Bharatiya Sakshya Adhiniyam, 2023, permits a witness to testify about facts stated in a document if they are certain that the facts were accurately recorded, even if they do not have a specific recollection of those facts. This provision ensures that reliable and accurate records can be utilized as evidence, thereby enhancing the efficiency and effectiveness of legal proceedings.(
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