Evidence Act · Chapter X · Of the examination of witnesses

Evidence Act section 144 in the BSA

Evidence Act 144BSA 147

Evidence Act section 144, “Evidence as to matters in writing”, is now BSA section 147 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 144 to BSA 147

Now BSA section 147, with the same rule.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 144 Evidence as to matters in writing

Any witness may be asked, whilst under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Explanation. –– A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

The question is, whether A assaulted B.

C deposes that he heard A say to D–– “B wrote a letter accusing me of theft, and I will be revenged on him.” This statement is relevant, as showing A’s motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Bharatiya Sakshya Adhiniyam, 2023

Section 147 Evidence as to matters in writing

Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Explanation.—A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

Illustration.

The question is, whether A assaulted B. C deposes that he heard A say to D— “B wrote a letter accusing me of theft, and I will be revenged on him”. This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).