Section 83 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023), in English:
๐ Section 83 โ Presumption as to Collections of Laws and Reports of Decisions
Text of Section 83:
"The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country."(aaptaxlaw.com)
๐งพ Key Provisions Explained:
Presumption of Genuineness:
This section establishes a legal presumption regarding the authenticity of certain documents. Specifically, it presumes that books printed or published under the authority of a foreign government, which contain the laws of that country or reports of decisions of its courts, are genuine.
Scope of Application:
The presumption applies to:
Books purporting to contain the laws of a foreign country.
Books purporting to contain reports of decisions of the courts of a foreign country.
Implication in Legal Proceedings:
In legal proceedings, if a party presents such a book as evidence, the court will accept its authenticity without requiring further proof, unless there is evidence to the contrary.(myjudix.com)
โ๏ธ Significance of Section 83:
Facilitates International Legal Matters:
This provision simplifies the process of introducing foreign laws and judicial decisions into Indian legal proceedings, especially in cases involving international law or foreign elements.
Reduces Burden of Proof:
It alleviates the need for parties to independently verify the authenticity of foreign legal documents, thereby streamlining legal processes.
Promotes Judicial Efficiency:
By presuming the genuineness of such documents, the court can focus on the substantive issues of the case rather than spending time on verifying foreign legal materials.
๐งโโ๏ธ Illustrative Example:
Scenario:
An Indian company is involved in a contractual dispute with a foreign entity based in the United Kingdom. The foreign entity presents a book published under the authority of the UK government, containing the laws of the United Kingdom, as evidence in the case.(kanoongpt.in)
Application of Section 83:
Under Section 83 of the Bharatiya Sakshya Adhiniyam, 2023, the Indian court shall presume the genuineness of this book. Therefore, the court will accept the book as authentic without requiring additional proof, unless the Indian company provides evidence to the contrary.
๐ Summary:
Aspect
Provision
Presumption of Genuineness
Books purporting to contain foreign laws or court decisions are presumed genuine.
Scope
Applies to books printed or published under the authority of a foreign government.
Implication
Courts accept such books as authentic unless evidence suggests otherwise.
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