Section 31 BSA 2023: Relevancy of Statements as to Facts of Public Nature

Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 makes certain statements about facts of a public nature relevant when they appear in specified Acts or Government notifications published in the Official Gazette, including electronic or digital forms purporting to be such Gazette.

Act: Bharatiya Sakshya Adhiniyam, 2023 Act No.: 47 of 2023 In force: 1 July 2024 Updated: 12 September 2026

Section 31 at a glance

It applies when a Court has to form an opinion about the existence of a fact of a public nature.
The statement must be contained in a recital in a Central Act or State Act, or in a Central Government or State Government notification.
A qualifying Government notification must appear in the respective Official Gazette or in printed, electronic or digital form purporting to be such Gazette.
The provision makes the statement a relevant fact for evidentiary purposes.

Text of Section 31 of the Bharatiya Sakshya Adhiniyam, 2023

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.

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.

Meaning and scope of Section 31

Section 31 addresses the evidentiary relevance of official statements concerning matters of a public nature. Where the existence of such a public fact is in issue, the Court may treat a statement of that fact as relevant when the statement is contained in one of the official legislative or Gazette sources specified by the section.

The provision does not state that every such recital is conclusive proof. Its effect is to make the qualifying statement relevant, after which its evidentiary value must be considered in accordance with the Bharatiya Sakshya Adhiniyam, 2023 and the facts of the case.

What is a "fact of a public nature"?

The expression is not separately defined in Section 31. In context, it refers to a fact concerning a public matter rather than a purely private transaction or personal circumstance. The section is therefore directed to officially recorded public facts found in legislation and Government Gazette notifications.

Sources recognized by Section 31

The section specifically refers to recitals contained in Central Acts and State Acts, and to Central Government or State Government notifications appearing in the respective Official Gazette. It also recognizes Gazette material in printed paper and in electronic or digital form purporting to be such Gazette.

Digital and electronic Gazette records

A notable feature of the 2023 law is its express reference to electronic or digital form. This language reflects modern publication of official notifications and allows qualifying Gazette material in digital form to fall within the section, subject to the wording and other applicable provisions of the BSA.

Relationship with the Indian Evidence Act, 1872

Section 31 of the BSA deals with the same general subject that was covered by Section 37 of the Indian Evidence Act, 1872: relevancy of statements as to facts of a public nature contained in certain Acts or notifications. The BSA text modernizes the formulation and expressly includes electronic or digital Gazette forms.

Important: The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The application of the new law to a particular proceeding can also depend on the commencement and savings provisions and the procedural history of that proceeding.

Related BSA provisions

For nearby provisions dealing with other categories of relevant statements and judgments, see: