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Section 79 - The Bharatiya Sakshya Adhiniyam, 2023
79. Presumption as to documents produced as record of evidence, etc.
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.
Related Sections
- Section 87: Presumption as to Electronic Signature Certificates
- Section 74: Public and private documents
- Section 123: Estoppel of acceptor of bill of exchange, bailee or licensee
- Section 24: Consideration of proved confession affecting person making it and others jointly under trial for same offence
- Section 144: Cross-examination of person called to produce a document