Bharatiya Sakshya Adhiniyam, 2023
Section 29
Relevancy of entry in public record or an electronic record made in performance of duty
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.
Why this exists
Courts often need to prove routine facts—like a death, a land transfer, or a birth—that were recorded by officials at the time they happened, long before any court case existed. Requiring every official to personally testify about every such entry would be impractical. This rule, carried forward from Section 35 of the old Indian Evidence Act, 1872, lets these routine official records speak for themselves in court, based on the presumption that public servants and legally-bound record keepers act honestly and accurately in the ordinary course of duty.
Common misconceptions
- Myth: An official record is automatically 100% proof of the fact it states and cannot be questioned.
Fact: The entry is only 'relevant'—meaning it can be considered as evidence—not automatically conclusive. Courts can still weigh it alongside other evidence and it can be challenged or contradicted. - Myth: Only records made by government employees count under this rule.
Fact: The provision also covers entries made by any other person who is legally required by law to keep such a record, not just public servants.