Section 193 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 193 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) pertains to the admissibility of oral evidence in legal proceedings. This provision is fundamental in determining how facts are presented and proven in court.
📄 Text of Section 193
"All facts, except the contents of documents, may be proved by oral evidence."(taxguru.in)
🧾 Explanation
Section 193 establishes the principle that, in legal proceedings, oral evidence is admissible to prove facts, with the notable exception of the contents of documents. This means that witnesses can testify about facts they have directly perceived or experienced, provided their testimony is relevant to the case.
However, when it comes to proving the contents of documents, oral evidence is generally not sufficient. Instead, the document itself must be presented as evidence, subject to the rules governing documentary evidence. This distinction ensures that the integrity and authenticity of documents are maintained, as they often serve as critical evidence in legal matters.
⚖️ Legal Implications
Direct Testimony: Witnesses can provide testimony about facts they have directly observed or experienced, which can be used to establish the truth of those facts in court.
Documentary Evidence: To prove the contents of a document, the document itself must be introduced as evidence, rather than relying solely on oral testimony about its contents.
Exceptions: There may be specific exceptions where oral evidence can be used to prove the contents of a document, such as in cases involving the interpretation of ambiguous terms or the existence of a document when the original is unavailable.
🧭 Summary
Section 193 of the Bharatiya Sakshya Adhiniyam, 2023, underscores the importance of oral testimony in proving facts in legal proceedings, while also emphasizing the necessity of presenting documents themselves to prove their contents. This provision ensures a balance between the use of witness testimony and the preservation of the integrity of documentary evidence.
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