Code: Section 83 – Bharatiya Sakshya Adhiniyam, 2023
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.
Explanation of Section 83 BSA
Section 83 of the Bharatiya Sakshya Adhiniyam (BSA) establishes a presumption regarding the authenticity of books that appear to be:
- Officially printed or published under the authority of a foreign government, and
- Contain either the laws of that country or reports of judicial decisions of that country’s courts.
Under this section, if a book presented in court fits the above description, the court shall presume that it is genuine. This removes the burden of formally proving the authenticity of such documents unless specifically challenged.
This provision is especially important in cases involving questions of foreign law or legal decisions from other jurisdictions.
Illustration
Example 1: Foreign Legal Code
A party submits a printed volume titled “The Criminal Code of Canada” which shows on its face that it was published by the Canadian Government. Under Section 83, the court shall presume that this book is genuine and accurately reflects Canadian law.
Example 2: Judicial Decisions from the UK
An advocate presents a book titled “All England Law Reports,” which purports to report decisions of UK courts. The court shall presume the genuineness of this book without requiring the publisher to testify.
Common Questions and Answers on Section 83 BSA
1. What types of books are covered under Section 83?
Books that:
- Appear to be printed or published under the authority of a government (including foreign governments), and
- Contain either the laws of that country or judicial decisions of its courts.
2. Does the court require proof of authenticity for such books?
No. The court shall presume the book is genuine if it appears to be an official publication or a recognized law report from another country.
3. Can this presumption be challenged?
Yes. Although the court presumes the book is genuine, the opposing party can rebut the presumption with evidence to the contrary (e.g., showing the book was not officially authorized).
4. How is this section useful in litigation?
It allows lawyers and judges to reference foreign legal material without unnecessary procedural delays, especially in cases involving international contracts, cross-border disputes, or foreign nationals.
5. Is there any similar provision for Indian laws?
For Indian laws and legal publications, authenticity is already established as part of the official legal record. This section ensures similar recognition for foreign legal texts.
Conclusion
Section 83 of the Bharatiya Sakshya Adhiniyam simplifies the process of admitting foreign legal books and law reports into evidence. It promotes efficiency and respect for international legal sources, provided they appear to be published under official authority. This helps courts consider foreign law where relevant, without requiring burdensome proof of authenticity.
For more legally accurate and well-structured insights, visit ApniLaw.
