Section 144: Evidence as to Matters in Writing

Overview

Section 144 of the Bhartiya Sakshya Bill, 2023, sets a basic rule for talking about written documents in court. Essentially, if a witness wants to tell the court what a document *says*, the document itself usually needs to be shown to the court first. This ensures accuracy and allows all parties to examine the original source of the information.

Key Principles / Ingredients

• Type of Evidence: This section primarily deals with oral evidence relating to the contents of documentary evidence (written documents). It doesn’t directly address electronic records, though the principles apply by extension.
• Conditions for Admissibility/Relevancy: Oral evidence about a document is only relevant and admissible *after* the document has been produced in court. There's an exception: if the law specifically says producing the document isn’t necessary, then oral evidence can be given without it.
• Burden of Proof Implications: This section doesn’t directly shift the burden of proof. However, failing to produce a document when required can impact the credibility of a witness’s testimony and potentially affect the overall case. The party relying on the document’s content has a responsibility to make it available.

How Courts Use this Provision

Judges will typically ensure a document is presented before allowing a witness to describe its contents. If a lawyer tries to ask a witness, “What did the contract say?”, the judge will likely ask, “Where is the contract?” The document must be marked as an exhibit and become part of the court record before testimony about it is allowed. The court can also excuse production if there’s a valid legal reason (like it being lost or destroyed through no fault of the party).

Illustrations and Examples

• Example 1 – Simple Situation: In a dispute over a loan, a witness wants to testify about the terms written in a loan agreement. The court will require the loan agreement itself to be produced as evidence before the witness can describe the interest rate or repayment schedule.
• Example 2 – More Complex Situation: A witness remembers a letter but the original is lost due to a house fire. If the witness can prove the fire and the document’s prior existence, the court *might* allow testimony about the letter’s contents without the original, relying on secondary evidence (a copy, or the witness’s recollection). This depends on the specific circumstances and the court’s discretion.

Important Provisos / Explanations

Section 144 doesn’t have any specific provisos or explanations attached to it. The key lies in the general principle that production is required unless excused by law. The Bill doesn’t define what constitutes being “excused by law” – this would be determined by other relevant statutes or court rulings.

Difference from Old Evidence Act (if applicable)

The Bhartiya Sakshya Bill, 2023, largely retains the core principle of Section 144 of the Indian Evidence Act, 1872. There are no significant shifts in this particular provision. The focus remains on ensuring the authenticity and reliability of evidence by requiring the document itself to be available for scrutiny.

Key Takeaways

• Documents must generally be produced before oral evidence about their contents is admissible.
• The court can waive the production requirement if legally justified.
• This rule ensures accuracy and fairness in presenting evidence.
• Failing to produce a document when required can damage a witness’s credibility.