Section 278 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 278 of the Bharatiya Sakshya Adhiniyam, 2023 pertains to the presumption as to documents produced as record of evidence, etc. Specifically, this section addresses the presumption of authenticity for documents presented in court that purport to be records or memoranda of evidence, statements, or confessions made by witnesses or accused persons in judicial proceedings or before officers authorized by law to take such evidence.
Key Provisions of Section 278:
Presumption of Genuineness:
The court shall presume that a document purporting to be a record or memorandum of evidence, or a statement or confession made by a witness or accused person, is genuine.
This presumption applies when the document is signed by a Judge, Magistrate, or any officer authorized by law.(indiankanoon.org)
Relevance and Admissibility:
Such documents are considered relevant and admissible in evidence without the need for further proof of their authenticity.
This facilitates the presentation of evidence in court, especially in cases where the original witness or accused is unavailable or deceased.(indiankanoon.org)
Exceptions:
The presumption does not apply if the document is shown to be forged or if there is evidence to the contrary.
Parties challenging the authenticity of the document bear the burden of proof to establish its lack of genuineness.(indiankanoon.org)
Illustrative Examples:
A signed statement by a deceased witness, recorded during an investigation, may be admitted as evidence under this section.
A confession made by an accused person before a Magistrate, documented and signed, can be presumed genuine and used in court proceedings.(indiankanoon.org)
Importance of Section 278:
Facilitates Judicial Efficiency: By allowing certain documents to be presumed authentic, the court can expedite proceedings without the need for repetitive proof of each document's genuineness.
Ensures Continuity of Evidence: In cases where witnesses are unavailable due to death, illness, or other reasons, their recorded statements can still be utilized, ensuring that critical evidence is not lost.
Upholds Legal Integrity: The section maintains the integrity of judicial processes by setting clear guidelines on the admissibility of such documents, thereby preventing misuse.
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