Section 29 Bharatiya Sakshya Adhiniyam, 2023: Relevancy of entry in public record or an electronic record made in performance of duty

Section 29 of Bharatiya Sakshya Adhiniyam, 2023: Relevancy of entry in public record or an electronic record made in performance of duty

Official Bare Act Text

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

An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.

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

Court Sec 2(1)(a) Fact Sec 2(1)(d) Fact In Issue Sec 2(1)(e) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 29

Section 29 governs the relevancy and admissibility of evidence given by a witness in a judicial proceeding, or before any person authorized by law to take it, for proving the truth of facts in a subsequent proceeding.

Witness Unavailability: The original witness must be dead, untraceable, incapable of testifying, or kept out of the way by the adverse party.
Identity of Parties & Issues: The subsequent proceeding must be between the same parties or their representatives in interest, and the questions in issue must be substantially identical.
Adverse Right of Cross-Examination: The adverse party in the first proceeding must have had the statutory right and full opportunity to cross-examine the witness.

Key Landmark Precedents:

V.M. Mathew v. V.S. Sharma (1995) 6 SCC 122: The Supreme Court held that the opportunity to cross-examine is paramount; if the adverse party was denied a fair opportunity in the earlier proceeding, Section 33 IEA (Section 29 BSA) cannot be invoked.
Union of India v. Jyoti Prakash Mitter (1971) 1 SCC 396: Affirmed that evidence from earlier quasi-judicial or commission inquiries cannot be mechanically imported without satisfying strict conditions of witness unavailability.

Courtroom Practice & Strategic Litigation Guidance:

To tender prior depositions in criminal retrials or civil suits, counsel must first file an affidavit demonstrating diligent, unsuccessful police efforts to locate the witness, and certify that cross-examination was concluded.