Section 29 BSA 2023: Relevancy of Entry in Public Record or Electronic Record Made in Performance of Duty

Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the evidentiary relevance of entries made in public or other official books, registers, records, or electronic records when those entries are made in the performance of an official or legally imposed duty.

Text of Section 29

The provision recognizes that certain entries made as part of official or legally required record-keeping may themselves be relevant facts in judicial proceedings. The rule applies to traditional public and official records as well as electronic records.

What Section 29 Means

For Section 29 to apply, the entry must concern a fact in issue or a relevant fact. It must also be contained in a public or other official book, register, record, or electronic record and must have been made either by a public servant while discharging official duty or by another person who was legally required to make or maintain that entry.

• Public or official record: The entry must form part of a book, register, record, or electronic record of the kind contemplated by the section.
• Connection with the dispute: The entry must state a fact in issue or another fact made relevant by the law of evidence.
• Official or statutory duty: The entry must be made in discharge of an official duty or in performance of a duty specifically imposed by law.
• Electronic records included: The section expressly extends to electronic records, reflecting the BSA framework for digital evidence.
• Relevance is not automatically conclusive proof: Section 29 makes the entry a relevant fact. The court may still examine proof, authenticity, weight, and other applicable evidentiary requirements.

Examples of Records That May Fall Within Section 29

Depending on the facts and the law governing the particular record, Section 29 may become relevant to entries in government registers, official departmental records, statutory registers, public databases, and electronic records maintained pursuant to an official or legal duty. Whether a particular entry is admissible and what weight it deserves depends on the circumstances of the case and compliance with other applicable provisions of the BSA.

Section 29 and Electronic Records

The express reference to an electronic record is important. A public or official record does not cease to fall within the scope of the provision merely because it is maintained digitally. Where an electronic entry is relied upon, other provisions of the Bharatiya Sakshya Adhiniyam dealing with documentary and electronic evidence may also have to be satisfied.

Relationship with the Indian Evidence Act, 1872

Section 29 of the BSA substantially carries forward the rule previously contained in Section 35 of the Indian Evidence Act, 1872 concerning entries in public records made in performance of duty. The Bharatiya Sakshya Adhiniyam, 2023 repealed the Indian Evidence Act, 1872 with effect from 1 July 2024, subject to the savings provision in Section 170.

Practical Importance of Section 29

Section 29 can be important where a party relies on an official record to prove a fact recorded in the ordinary performance of public or statutory duties. Its purpose is to recognize the relevance of such entries without treating every official entry as unquestionable or conclusive. The court remains responsible for evaluating the record along with the rest of the evidence.

Related BSA Provisions

Section 29 appears in Chapter II of the Bharatiya Sakshya Adhiniyam, 2023 dealing with relevancy of facts. Readers may also refer to the immediately preceding and succeeding provisions: