​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Relevancy of Entry in the Public Record or an Electronic Record Made in the Performance of Duty (Section 29)
1. Basic Principle of Section 29Under Section 29 of the Bharatiya Sakshya Adhiniyam, the law provides that:
An entry in any public or official book, register, record, or electronic record, stating a fact in issue or relevant fact, is relevant if it is made:

• By a public servant in discharge of official duty, OR
  
• By any person legally bound to make such entry
  

2. Scope of the Provision

• Applies to:
  
  • Public registers
    
  • Official records
    
  • सरकारी documents
    
  • Electronic/digital records
    

👉 Principle:

• Entries are considered reliable because:
  
  • They are made in discharge of official or legal duty
    
  • The maker has a duty to ensure correctness
    

3. Underlying Principle👉 A person making an official entry is expected to verify its truth, as it is part of his legal duty.

• Ensures:
  
  • Authenticity
    
  • Accuracy
    

👉 Important:

• Entry need not always be made by a public servant
  
• It is sufficient if:
  
  • The person is under a legal duty to make it
    

4. Essential Conditions (Note Form)For admissibility under Section 29:

• ✔ Entry must be in:
  
  • Public or official book, register, or record
    
• ✔ It must state:
  
  • Fact in issue OR relevant fact
    
• ✔ It must be made:
  
  • By public servant in official duty, OR
    
  • By person legally required to make such entry
    

👉 If entry is made without such duty:
❌ It is not admissible

5. Important Limitation

• Only the entry itself is relevant
  
• Not:
  
  • Secondary communication
    
  • Derived information
    

👉 The court requires:

• Original record entry, not summaries or letters based on it
  

6. Illustration Explained

• A applies for death record
  
• Receives a letter from administrator stating date of death
  

👉 This letter is:
❌ Not admissible
✔ Reason:

• It is not the actual entry in the register
  
• Only information derived from it
  

👉 The correct evidence:

• The death register entry itself
  

7. Evidentiary Value

• ✔ Entries are relevant evidence
  
• ❌ Not automatically conclusive proof
  

👉 Court may:

• Accept or require further verification
  

8. Key Legal Principle👉 Only entries made in official records in the performance of legal duty are admissible, not mere statements or communications based on such entries.

9. Purpose of Section 29

• Facilitates:
  
  • Proof of facts through official records
    
• Avoids:
  
  • Calling multiple witnesses
    
• Ensures:
  
  • Reliability of documentary evidence
    

10. Key Takeaways

• Section 29 deals with:
  
  • Entries in official/public records
    
• Requirements:
  
  • Must be made in discharge of duty
    
• Only:
  
  • Original entries are admissible
    
• Not:
  
  • Derived or secondary information
    

One-Line Summary👉 Entries in public or official records made in the performance of legal duty are relevant facts, but only the original entry—not secondary information—is admissible as evidence.