§ SECTION 79 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Presumption as to documents produced as record of evidence, etc.

A signed judicial record carries its own credit. When a document produced purports to be a record of evidence or a statement / confession taken per law and signed by a Judge, Magistrate or authorised officer, the Court shall presume it genuine, the noted circumstances true, and duly taken.

How to read Section 79

A signed record of evidence is trusted on its face.

The trigger

A signed record of evidence or a statement / confession taken per law.

The presumptions

Genuine; the noted circumstances true; and duly taken.

The limit

‘Shall presume’ — rebuttable; and about the record, not the truth it records.

The bare Act

The section in its own words — the trigger and the three presumptions.

Section 79 · verbatim

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i)the document is genuine;

(ii)any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and

(iii)such evidence, statement or confession was duly taken.

In short: a formal, signed judicial record deserves to be taken at face value. When a document produced in court purports to be a record of evidence given by a witness (in a judicial proceeding or before an authorised officer), or a statement or confession of a prisoner or accused taken in accordance with law, and it purports to be signed by a Judge, Magistrate or such officer, three presumptions arise: (i) the document is genuine; (ii) the signer’s notes about how it was taken are true; and (iii) it was duly taken. These are “shall presume” — mandatory but rebuttable — and they concern the regularity of the record, not the truth of what the evidence or confession asserts.

→ This carries forward IEA 1872 § 80 — presumption as to documents produced as record of evidence.

Glossary

record / memorandum of evidence

The written note of a witness’s evidence in a proceeding.

statement / confession

Of a prisoner or accused — taken in accordance with law.

taken in accordance with law

Recorded following the procedure the law prescribes.

duly taken

Properly recorded — presumption (iii).

circumstances under which it was taken

The signer’s notes (e.g. caution given) — presumed true (ii).

shall presume

The Court is bound to assume it — but it is rebuttable.

The picture

A signed record — three presumptions.

The section, part by part

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

The triggerThe three presumptions

the triggerWhen the presumption kicks in

In one lineWhen a signed record of a witness’s evidence, or an accused’s statement / confession taken per law, is produced — signed by a Judge, Magistrate or authorised officer — the Court shall presume it is regular.

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidencea record of a witness’s evidencewhen a document is produced that looks like a record / memorandum of a witness’s evidence in a judicial proceeding (or before an officer authorised to take it)…

or to be a statement or confession by any prisoner or accused person, taken in accordance with law,or an accused’s statement / confession…or a statement or confession of a prisoner/accused, taken in accordance with law…

and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid,signed by a Judge / Magistrate / officer…and it purports to be signed by a Judge, Magistrate or such officer…

the Court shall presume that–→ the Court SHALL presume:…the Court shall presume that:

ExampleA deposition recorded and signed by a Magistrate, or a confession recorded under the criminal procedure law, is covered — the party need not prove the recording process afresh.

✗ Not thisIt must purport to be signed by the Judge / Magistrate / authorised officer and taken according to law. An informal or unsigned note does not attract this presumption.

the three presumptionsGenuine · circumstances true · duly taken

In one lineThree things are presumed: the record is genuine (i), the circumstances the signer noted are true (ii), and it was duly taken (iii). All are ‘shall presume’ — mandatory but rebuttable.

(i) the document is genuine;(i) it is GENUINEthe document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and(ii) the recorded circumstances are TRUEany statements about the circumstances in which it was taken, made by the signer, are true; and

(iii) such evidence, statement or confession was duly taken.(iii) it was DULY takenthe evidence / statement / confession was duly taken (properly recorded).

ExampleA recorded confession notes it was made voluntarily after caution — that circumstance is presumed true (ii) and the confession presumed duly taken (iii); the accused may still lead evidence to rebut.

✗ Not this‘Duly taken’ does not mean the confession is true or the accused guilty — the presumption is about the record’s regularity, not the fact it records, and it is rebuttable (an accused may show coercion).

Connected provisions

§ 78

Genuineness of certified copies

The first presumption — § 79 adds records of evidence.

§§ 22–24

Confessions

Relevancy of confessions — § 79 presumes the record regular, not the truth.

§ 80 · next

Gazettes & newspapers

The presumptions run continues — Gazettes, maps, and more.

lineage

IEA 1872, § 80

Carried forward — presumption as to records of evidence.