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.
Bharatiya Sakshya Adhiniyam
Section 29
Relevancy of entry in public record or an electronic record made in performance of duty
⚡ Quick Answer Reference: Section 29 BSA
- Provision: Section 29 of BSA
- Act: Bharatiya Sakshya Adhiniyam
- Classification: RELEVANCY OF FACTS
- Jurisdiction: India
- Summary: This section states that an entry in a public record or electronic record, made by a public servant or person performing a legal duty, is a relevant fact if it states a fact in issue or a relevant fact.
What does Section 29 of BSA say?
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What does Section 29 of BSA mean?
Plain English Explanation
This section states that an entry in a public record or electronic record, made by a public servant or person performing a legal duty, is a relevant fact if it states a fact in issue or a relevant fact.
Practical Interpretation
In practice, this section allows entries in public records or electronic records to be used as evidence in legal proceedings, as long as they were made by someone performing their official duty.
Core Legal Purpose
The purpose of this section is to establish the reliability of public records and electronic records as evidence, by ensuring that entries made in the course of official duty are considered relevant facts.
- •The entry must be in a public or official book, register, or record, or an electronic record.
- •The entry must have been made by a public servant in the discharge of their official duty, or by any other person in performance of a duty specially enjoined by law.
- •The entry must state a fact in issue or a relevant fact.
- •There is no explicit exception or limitation stated in this section, but the entry must meet the above conditions to be considered relevant.
Practical Example of Section 29 BSA
For example, if Rajesh, a public servant, makes an entry in a public record stating that Priya's vehicle was involved in an accident, this entry can be used as evidence in a legal proceeding related to the accident, as it was made by Rajesh in the discharge of his official duty.
Frequently Asked Questions about Section 29 BSA
Q: What is the punishment or consequence under Section 29 of BSA?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to entries made by public servants or persons performing a duty specially enjoined by law, which typically involves public entities or officials.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is neither bailable nor cognizable.
Common Questions about Section 29 BSA
What is Section 29 of BSA?
Section 29 of the Bharatiya Sakshya Adhiniyam (BSA) defines and regulates "Relevancy of entry in public record or an electronic record made in performance of duty". In plain terms: This section states that an entry in a public record or electronic record, made by a public servant or person performing a legal duty, is a relevant fact if it states a fact in issue or a relevant fact.
What are the elements of Section 29 of BSA?
The essential elements of Section 29 of BSA are: The entry must be in a public or official book, register, or record, or an electronic record.; The entry must have been made by a public servant in the discharge of their official duty, or by any other person in performance of a duty specially enjoined by law.; The entry must state a fact in issue or a relevant fact..
Landmark Judgments under Section 29 BSA
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 29
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