Section 147 Bharatiya Sakshya Adhiniyam, 2023: Evidence as to matters in writing

Section 147 of Bharatiya Sakshya Adhiniyam, 2023: Evidence as to matters in writing

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Explanation. — —A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

Illustrations

The question is, whether A assaulted B. C deposes that he heard A say to D—"B wrote a letter accusing me of theft, and I will be revenged on him". This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 147

Section 147 regulates evidence as to matters in writing, providing that any witness may be asked, whilst under examination, whether any contract, grant, or other disposition of property was not contained in a document, and if they say it was, no oral evidence shall be given of its terms without producing the document.

Enforcement of Documentary Primacy: Translates Section 94 BSA into direct witness examination procedure.
Immediate Oral Bar: The moment a witness concedes that an agreement was in writing, their oral description of the terms is instantly barred.
Pre-requisite for Secondary Evidence: Oral testimony regarding terms can proceed only after proving foundation for secondary evidence under Section 60.

Key Landmark Precedents:

Roop Kumar v. Mohan Thedani (2003) 6 SCC 595: The Supreme Court affirmed that under Section 144 IEA (Section 147 BSA), once a transaction is admitted to be in writing, oral evidence regarding its terms is excluded.
Bhima Tima Dhotre v. The Pioneer Chemical Co. (1968) 70 Bom LR 683: Affirmed that witness testimony attempting to alter written contractual terms must be disallowed immediately.

Courtroom Practice & Strategic Litigation Guidance:

During cross-examination, if a witness begins describing oral terms of an agreement, ask: 'Was this agreement recorded in writing?' Once the witness answers 'Yes', object under Section 147: stop the oral testimony and demand production of the document.