Section 31 Bharatiya Sakshya Adhiniyam, 2023: Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Section 31 of Bharatiya Sakshya Adhiniyam, 2023: Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Official Bare Act Text

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

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is 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) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 31

Section 31 provides for the relevancy of entries in public records or electronic records made in the performance of official duty by public servants, creating a presumption of administrative authenticity.

Official Duty & Public Capacity: The entry must be recorded by a public servant in the discharge of official duties or by a person enjoined by special statutory law.
Public Record Scope: Encompasses land revenue registers, municipal birth/death registers, police general diaries (GD), and government digital portals.
Truth of Fact Stated: Deemed relevant to prove the truth of the transaction recorded without requiring personal attendance of the recording official.

Key Landmark Precedents:

Brij Mohan Singh v. Priya Brat Narain Sinha (AIR 1965 SC 282): The Supreme Court held that entries in birth registers are admissible under Section 35 IEA (Section 31 BSA) only if recorded by a public officer whose official duty required making the record.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Observed that while public records enjoy admissibility, their probative weight depends on whether the entry was based on personal knowledge or unverified hearsay.

Courtroom Practice & Strategic Litigation Guidance:

When introducing government portal entries or municipal records, obtain certified copies under Section 75 BSA and tender an affidavit under Section 63 BSA for digital extracts to preempt technical objections.