Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Documents Produced as Record of Evidence, etc. [Section 79]

Statutory Provision
Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 provides for a statutory presumption regarding documents that are produced before a Court as official records of evidence or related proceedings. It applies when a document purports to be:

• A record or memorandum of evidence, or any part of such evidence,
• Evidence given by a witness in a judicial proceeding, or before an officer authorised by law to record such evidence, or
• A statement or confession made by a prisoner or an accused person, recorded in accordance with law,

and such document purports to be signed by a Judge, Magistrate, or any other officer legally authorised for that purpose.
In such cases, the Court shall presume the following:

1. That the document is genuine;
2. That any statements made in the document regarding the circumstances under which it was recorded, and which purport to be made by the person signing it, are true; and
3. That the evidence, statement, or confession was duly taken in accordance with law.

Nature and Scope of the Presumption
The presumption under Section 79 is mandatory in nature. Once the foundational requirements of the section are satisfied, the Court is bound to presume the genuineness and due recording of the document, unless the contrary is proved.
The primary object of this provision is to dispense with formal proof of certain official judicial records. It avoids unnecessary procedural delays by eliminating the need to call the Judge, Magistrate, or authorised officer to testify merely to prove that such a document was properly recorded.
However, it is important to note that this section:

• Does not deal with the admissibility of the evidence; admissibility is governed by other provisions of law, and
• Does not raise any presumption as to the truthfulness or voluntariness of the contents, especially in the case of confessions.

Illustrative Application
For instance, a confession recorded by a Magistrate in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and produced before the Court will attract the presumption under Section 79. The Court will presume that:

• The document is genuine, and
• The confession was duly recorded following the prescribed legal procedure.

In such a situation, it is not necessary for the prosecution to examine the Magistrate who recorded the confession merely to prove its recording.
However, this presumption does not extend to voluntariness. Whether the confession was made voluntarily remains a matter of proof and can still be challenged by the accused.

Conclusion
Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 serves as a procedural facilitation provision. By presuming the genuineness and due recording of judicial records of evidence, statements, and confessions, it promotes efficiency in judicial proceedings while carefully preserving the rights of the accused by not presuming the truth or voluntariness of such statements.