Section 177 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 177 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the proof of documents by oral evidence.
๐ Text of Section 177
Oral evidence cannot be used to prove the contents of documents. If the contents of a document are required to be proved, the document itself must be produced, unless the law permits otherwise.
๐ง Explanation
Section 177 establishes the principle that documents are the primary source of evidence for proving their contents. Oral testimony cannot be used to prove what is written in a document. This ensures the authenticity and reliability of documentary evidence in legal proceedings.
However, there are exceptions where oral evidence may be admissible, such as:
Secondary Evidence: If the original document is unavailable, secondary evidence may be allowed under specific circumstances.
Public Documents: Certified copies of public documents can be used as evidence.(indiankanoon.org)
Admissions: Statements made by parties acknowledging the contents of a document may be admissible.
โ๏ธ Practical Implications
Ensuring Document Authenticity: This provision emphasizes the importance of producing original documents to verify their contents.
Limiting Oral Testimony: It restricts the use of oral evidence to prove the contents of documents, thereby minimizing the risk of misinformation or misinterpretation.
Guiding Legal Procedures: Legal practitioners must ensure that original documents are available and admissible when their contents are in question.
๐งพ Illustration
Scenario: In a contract dispute, Party A claims that Party B agreed to certain terms. Party A cannot rely solely on oral testimony; the actual signed contract must be produced to prove the terms agreed upon.
Summary:
Section 177 of the Bharatiya Sakshya Adhiniyam, 2023, underscores the necessity of producing original documents to prove their contents in legal proceedings, thereby ensuring the integrity and authenticity of documentary evidence.
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