Section 83 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to collections of laws and reports of decisions

Section 83 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to collections of laws and reports of decisions

Official Bare Act Text

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

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.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 83

Section 83 provides for the mandatory presumption as to collections of laws and reports of judicial decisions purporting to be printed or published under the authority of the government of any country.

Authorized Legal Collections: Applies to official statute books, government code books, and judicial precedent reports.
Sovereign Foreign Law Reports: Extends to law reports printed under sovereign authority of Commonwealth and foreign jurisdictions.
Judicial Notice Facilitation: Works alongside Section 34 and Section 52 BSA to assist courts in determining domestic and foreign law.

Key Landmark Precedents:

Hari Shanker Jain v. Sonia Gandhi (2001) 8 SCC 233: Examined foreign nationality laws and the proof of foreign statutory materials using official publications under Evidence Act provisions.
Khoday Distilleries Ltd. v. Scotch Whisky Association (2008) 10 SCC 723: Utilized authorized legal publications and international reports to determine cross-border commercial and intellectual property standards.

Courtroom Practice & Strategic Litigation Guidance:

In cross-border arbitration enforcement or private international law disputes, tender the official print or gazetted law compilation of the foreign nation under Section 83 to establish foreign legal provisions.