Section 33 Bharatiya Sakshya Adhiniyam, 2023: What evidence to be given when statement forms part of conversation, document, electronic record, book or series of letters or papers

Section 33 of Bharatiya Sakshya Adhiniyam, 2023: What evidence to be given when statement forms part of conversation, document, electronic record, book or series of letters or papers

Official Bare Act Text

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

When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.

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

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 33

Section 33 governs the relevancy of statements as to facts of public nature contained in statutory notifications, official gazettes, and legislative enactments, ensuring seamless judicial notice of public acts.

Official Gazette Publication: Notifications published in the Gazette of India or State Government Gazettes regarding public appointments, notifications, or orders.
Public Nature Relevancy: Applicable to statements of public historical facts, constitutional declarations, and administrative demarcations.
Exemption from Oral Proof: Relieves parties from leading oral witness testimony to prove executive policies and statutory orders.

Key Landmark Precedents:

Union of India v. Nihar Kanta Sen (1987) 3 SCC 465: Held that executive notifications published in the official gazette operate as public documents and prove themselves upon production.
State of Bombay v. F.N. Balsara (AIR 1951 SC 318): Affirmed that legislative declarations and government gazette notifications establish official policy and factual classifications before constitutional courts.

Courtroom Practice & Strategic Litigation Guidance:

In writ petitions and public law litigation, place gazette notifications directly on record with relevant notification numbers; do not summon department officers to prove publication.