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Section 83 BSA 2023: Presumption as to Collections of Laws and Reports of Decisions

Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the evidentiary presumption regarding certain books that contain laws of a country or reports of decisions of its Courts. The provision requires the Court to presume the genuineness of qualifying publications.

Text of Section 83, Bharatiya Sakshya Adhiniyam, 2023

83. Presumption as to collections of laws and reports of decisions. - 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.

The official text of the Bharatiya Sakshya Adhiniyam, 2023 is available through India Code and the Ministry of Home Affairs - New Criminal Laws.

Meaning and Scope of Section 83 BSA

Section 83 creates a statutory presumption of genuineness. In simple terms, when a book appears to have been printed or published under the authority of the Government of a country and contains the laws of that country, the Court is required to presume that the book is genuine. The same rule applies to a book that purports to contain reports of decisions of the Courts of that country.

Key elements of Section 83

  • The provision applies to a book purporting to contain laws or reports of judicial decisions.
  • For a collection of laws, the book must purport to be printed or published under the authority of the Government of a country.
  • The provision also covers books purporting to contain reports of decisions of the Courts of that country.
  • The statutory expression "shall presume" makes the presumption mandatory once the provision applies, subject to the general rules governing presumptions under the BSA.
  • The section concerns the genuineness of the qualifying book or report; the legal effect or applicability of a particular law or decision remains a matter for judicial determination.

Purpose of the Presumption

The provision facilitates proof of recognised legal publications and law reports by avoiding unnecessary formal proof of their genuineness in every proceeding. It assists Courts when referring to published collections of legislation and reported judicial decisions, including qualifying publications relating to foreign countries.

What Does "Shall Presume" Mean?

The BSA uses the expression "shall presume" as a rule of evidence. Where the Act directs the Court to presume a fact, the Court must treat that fact as proved unless and until it is disproved. Therefore, Section 83 does not merely permit the Court to draw the presumption; it directs the Court to do so when the statutory conditions are satisfied.

Corresponding Provision under the Indian Evidence Act, 1872

Section 83 of the BSA substantially corresponds to Section 84 of the Indian Evidence Act, 1872, which used the same rule concerning collections of laws and reports of judicial decisions. The BSA came into force on 1 July 2024.

Important: Section 83 discussed on this page belongs to the Bharatiya Sakshya Adhiniyam, 2023, not the Bharatiya Nagarik Suraksha Sanhita, 2023.

Section 81 - Presumption as to Gazettes in electronic or digital record Section 82 - Presumption as to maps or plans made by authority of Government Section 84 - Presumption as to powers of attorney Section 85 - Presumption as to electronic agreements Section 86 - Presumption as to electronic records and electronic signatures Section 87 - Presumption as to Electronic Signature Certificates Section 88 - Presumption as to certified copies of foreign judicial records Section 89 - Presumption as to books, maps and charts Section 90 - Presumption as to electronic messages

Official Reference

For the authoritative statute, readers should consult the Bharatiya Sakshya Adhiniyam, 2023 on India Code. The Central Government appointed 1 July 2024 as the date on which the BSA came into force.