§ SECTION 29 · BSA 2023 · CHAPTER II — RELEVANCY OF FACTS

Relevancy of an entry in a public record or electronic record made in performance of duty

An entry in any public or official record — including an electronic record — that states a relevant fact, made by a public servant on duty or by anyone under a legal duty, is itself a relevant fact. The duty to record is the guarantee.

How to read Section 29

Official record + a duty to make it = a relevant fact.

Which record

Any public or official book, register or record — or an electronic record — stating a fact in issue or relevant fact.

Made by whom

A public servant in official duty, or any person performing a duty specially enjoined by law.

The result

The entry is itself a relevant fact — the duty behind it is its guarantee of reliability.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 29 · verbatim

An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.

In short: records that officials — or people the law puts under a duty — are bound to keep are trusted, because the duty is a guard against invention. Birth and death registers, land records, official diaries, and their electronic equivalents all fall here.

→ This carries forward IEA 1872 § 35 — updated to name electronic records; unlike § 28, it carries no “not alone sufficient” limit.

Glossary

public or official record

A book, register or record kept by or for a public authority — e.g. birth/death registers, land records.

electronic record

The 2023 update — a digital official record counts equally with a paper one.

public servant

A person holding public office or exercising public functions — recording in the discharge of official duty.

duty specially enjoined by law

A duty the law itself imposes on a person to keep the record — even a private person.

fact in issue · relevant fact

The entry must state such a fact — not opinion or comment — to be relevant.

itself a relevant fact

The entry stands as evidence on its own — no corroboration cap, unlike § 28.

The picture

Two duty-makers, one official record → a relevant fact.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

The ruleWho may make it

the ruleOfficial records made in the line of duty

In one lineAn entry in a public or official record (paper or electronic) that states a relevant fact, made by a public servant on duty or by anyone under a legal duty, is itself a relevant fact.

An entry in any public or other official book, register or record or an electronic record,what · an official record (incl. electronic)an entry in any public or official book, register or record — paper or electronic…

stating a fact in issue or relevant fact,about the point…that states a fact in issue or a relevant fact…

and made by a public servant in the discharge of his official duty,maker 1 · public servant on duty…made by a public servant doing his official duty…

or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept,maker 2 · anyone under a legal duty…or by any other person performing a duty specially imposed by the law of the country where the record is kept…

is itself a relevant fact.→ relevant…is itself a relevant fact.

ExampleA birth register kept by the Registrar, a land record kept by the revenue officer, a police station diary — each entry stating a relevant fact, made in official duty, is itself a relevant fact on that point. A digital e-land-record counts equally.

✗ Not thisThe entry must be made in performance of a duty — a public servant’s casual note outside his duties, or a private diary the law does not require, is not covered. And it must state a fact, not opinion or comment.

who may make itTwo duty-makers — and why we trust them

In one lineThe entry is trusted because it was made under a duty — a public servant’s official duty, or a legal duty imposed by law — not for the case.

a public servant in the discharge of his official dutymaker 1a registrar, revenue officer, police officer — recording as part of the job.

any other person in performance of a duty specially enjoined by the lawmaker 2or a private person the law specially requires to keep the record (e.g. a statutory register-keeper).

ExampleThe Registrar recording a death (public servant, official duty), and a factory-owner keeping a statutory register the law requires (person under a legal duty) — both entries are relevant facts. A shopkeeper’s private diary is neither.

✗ Not thisIt is the duty that guarantees the entry, not the person’s rank — a public servant acting outside his duty is not covered, and a private citizen IS covered when the law specially requires the record. Unlike § 28’s account books, a public record under duty carries no ‘not alone sufficient’ cap.

Connected provisions

§ 28

IEA 1872, § 35

Carried forward — now expressly covering electronic official records.

Bharatiya Sakshya Adhiniyam, 2023 — Section 29: Entry in a public or electronic record made in performance of duty