Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023 –
Evidence as to Matters in Writing (Section 147)

Case Scenario
​In a civil dispute concerning ownership of land, a witness begins to give oral evidence about the terms of a property grant. During examination, he admits that the grant was contained in a written document. The opposing party immediately objects and insists that the document itself must be produced before any oral evidence about its contents can be accepted. The court must decide whether such an objection is valid and how evidence relating to written documents should be handled.
This situation is governed by Section 147 of the Bharatiya Sakshya Adhiniyam, 2023.

Section 147 – Statutory Rule
Section 147 deals with evidence relating to matters that are reduced into writing. It provides that:

• When a witness is giving evidence about a contract, grant, or other disposition of property, and
• He is asked whether such transaction was contained in a document, and he admits that it was, or
• He is about to give oral evidence of the contents of a document which, in the opinion of the court, ought to be produced,

 Then the adverse party may object to such oral evidence being given:

• Until the original document is produced, or
• Until it is proved that the party is entitled to give secondary evidence of that document.

Explanation to Section 147A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are themselves relevant facts.
Illustrative Example (Explained)

• Issue: Whether A assaulted B
• Witness C states that he heard A say to D:
  “B wrote a letter accusing me of theft, and I will be revenged on him.”

Even if the letter itself is not produced:

• The statement is admissible
• Because it shows motive for the assault

Thus, the statement is relevant not to prove the contents of the letter, but to prove A’s motive.

Scope of Section 147
Section 147 does not create a new rule of evidence. It:

• Merely explains the procedure by which the rule excluding oral evidence in favour of documentary evidence is enforced
• Operates in harmony with Sections 94 and 95 of the Bharatiya Sakshya Adhiniyam, 2023, which embody the best evidence rule

In essence, it provides a procedural safeguard to ensure documentary evidence is not bypassed by oral testimony.

Evidence as to Matters in Writing – Practical Operation

• If a witness admits that a transaction was:
  • Reduced into writing, or
  • Contained in a document,

👉 Oral evidence about that transaction cannot be allowed unless:

• The original document is produced, or
• Legal grounds for secondary evidence are established

Similarly:

• If a witness is about to depose about the contents of a document,
• The opposing party may object until proper documentary proof is laid.

Right of the Adverse PartyThe adverse party has the right to:

• Insist on production of the best evidence, i.e., the document itself
• Prevent substitution of oral evidence where documentary evidence exists

This right ensures:

• Accuracy
• Reliability
• Protection against fabrication

Exception: When Oral Evidence Is Still PermissibleOral evidence relating to documents may still be allowed when:

• The statement is independently relevant, such as:
  • Showing motive
  • Showing intention
  • Explaining conduct

In such cases, the document is incidental, not the primary fact to be proved.

Judicial Principle on Waiver of ObjectionIt is a settled rule that:

• If a document is admitted in evidence without objection,
• The opposite party cannot later challenge:
  • Mode of proof, or
  • Non-production of the original,
• At the appellate stage.

Case Law: Daya Shanker v. BachiFacts (Briefly)

• A document carried an endorsement that:
  • Parties agreed to dispense with formal proof

Held

• The court held that:
  • Mere production of the document was sufficient proof
  • Its execution and contents stood established

👉 Once parties waive objection, the court need not insist on formal proof.

Relationship with the Best Evidence Rule
Section 147 reinforces the principle that:

• Documentary evidence prevails over oral evidence
• When the law requires a document to exist, its contents must be proved by:
  • The document itself, or
  • Permissible secondary evidence

Critical AnalysisStrengths

1. Upholds the best evidence rule
2. Prevents substitution of oral testimony for written proof
3. Protects against fraud and fabrication
4. Ensures procedural fairness
5. Provides clarity on objections during trial

Limitations

1. Requires timely objection by the adverse party
2. May delay proceedings if documents are unavailable
3. Depends on judicial discretion in applying exceptions

10 Illustrative Case Scenarios

1. Witness admits contract was written – document demanded
2. Oral terms rejected until document produced
3. Secondary evidence allowed after proof of loss
4. Motive proved through oral statement despite missing letter
5. Document admitted without objection – challenge barred
6. Property grant proved only through deed
7. Court disallows oral evidence of written will
8. Statement showing intention admitted
9. Procedural objection upheld
10. Best evidence principle enforced

Conclusion
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023 regulates how evidence relating to written matters is introduced in court. By allowing the adverse party to object to oral evidence where a document exists, the section reinforces the best evidence rule and ensures accuracy and reliability in judicial findings.
At the same time, by permitting oral evidence of statements that are independently relevant (such as motive or intention), the provision maintains flexibility and practicality. Overall, Section 147 strikes a careful balance between procedural rigor and substantive justice.