Section 312 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Absolutely! Here’s a detailed explanation of Section 312 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023):
Section 312: Oral Admissions as to the Contents of Documents
Context:
In legal proceedings, parties often need to prove the contents of documents. Generally, courts require documentary evidence to prove the contents of a document, rather than relying on oral testimony about what the document says. This principle is important because documents provide a permanent, reliable record that oral statements may not.
What Section 312 provides:
Oral admissions about the contents of a document are generally not relevant or admissible as evidence on their own.
However, oral admissions may be allowed if the party seeking to prove the contents can show that they are entitled to give secondary evidence of the document’s contents.
Additionally, if the genuineness of the document itself is in question (i.e., whether the document is authentic or not), oral admissions about the document’s contents may be relevant.
What is “secondary evidence”?
Primary evidence is the original document itself.
Secondary evidence is any evidence given about the contents of the document when the original cannot be produced for valid reasons (e.g., the original is lost, destroyed, or in possession of the opposing party).
Secondary evidence can include certified copies, oral accounts, or written copies of the original.
But before a party can rely on secondary evidence, they usually need to prove they are entitled to do so under the law’s rules.
Why does this matter?
To maintain the integrity of documentary evidence: It prevents parties from trying to prove what a document says by simply relying on someone’s memory or oral statement, which could be inaccurate or biased.
To encourage the production of original documents whenever possible, as they provide the most reliable proof.
To allow flexibility in cases where producing the original document is impossible, by permitting secondary evidence once entitlement is established.
How it works in practice:
Original document available:
The party must produce the original document as primary evidence.
Original not available:
The party may seek to give secondary evidence but must justify the absence of the original.
Oral admissions:
If the party wants to prove the contents of the document orally, they must first establish entitlement to secondary evidence; otherwise, the oral statement is inadmissible.
Questioning genuineness:
If the authenticity of the document is challenged, oral admissions about its contents might become relevant.
Example:
Suppose there is a written contract but the original is lost.
The party wishing to prove the contract’s terms cannot simply rely on a witness saying “the contract said X.”
They must show they have the right to present secondary evidence (like a certified copy or testimony about why the original is unavailable).
If the opposing party claims the contract is a forgery, oral admissions about what the document contains may be relevant to prove or disprove authenticity.
Summary:
| Aspect | Description |
|---|---|
| Oral admissions on contents | Generally inadmissible unless entitlement to secondary evidence is shown |
| Primary evidence | The original document |
| Secondary evidence | Copies, oral accounts, or other proof when original is unavailable |
| When oral admissions allowed | If genuineness of document is questioned or entitlement to secondary evidence established |
RELATED Blog
comments