Section 54 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 54: Proof of Facts by Oral Evidence
Text of Section 54:
All facts, except the contents of documents, may be proved by oral evidence.
๐ง Meaning and Scope
Section 54 establishes the general rule that facts can be proved through oral testimony, provided they are not related to the contents of documents. This means that witnesses can testify about facts they have directly observed or experienced, and such testimony is admissible in court.
However, this section excludes the contents of documents from being proved solely by oral evidence. To prove the contents of a document, the document itself must be presented as evidence, unless exceptions apply under the law.
โ๏ธ Comparison with Previous Law
Section 54 of the BSA aligns with Section 59 of the Indian Evidence Act, 1872, which also permits the proof of facts through oral evidence, excluding the contents of documents. The BSA has modernized and expanded upon the provisions related to electronic records and digital evidence, reflecting advancements in technology. For instance, Section 59 of the BSA includes provisions for the admissibility of electronic records, acknowledging the growing importance of digital evidence in legal proceedings. (sudhirrao.com)
๐งพ Practical Implications
Admissibility of Testimony: Witnesses can testify about facts they have personally witnessed or experienced, and such testimony is admissible in court.
Exclusion of Document Contents: The contents of documents cannot be proved solely by oral testimony. The document itself must be presented as evidence, unless exceptions apply.
Relevance to Electronic Evidence: The BSA's provisions on electronic records and digital evidence ensure that oral testimony can be used to support the authenticity and relevance of digital documents, provided the original documents are also presented in accordance with the law.
๐ Summary
Section 54 of the Bharatiya Sakshya Adhiniyam, 2023, permits the proof of facts through oral evidence, with the exception of the contents of documents. This provision underscores the importance of direct witness testimony in legal proceedings while maintaining the necessity of presenting original documents to prove their contents. The BSA's modernization of evidence laws ensures that both traditional and digital forms of evidence are appropriately addressed in the judicial process
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