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KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Relevancy of Statement as to the Fact of Public Nature Contained in Certain Acts or Notifications (Section 31)
1. Basic Principle of Section 31Under Section 31 of the Bharatiya Sakshya Adhiniyam, the law provides that:
When the court has to form an opinion as to the existence of any fact of a public nature, statements regarding such facts contained in:
2. What is Admissible Under This SectionThe following are considered relevant evidence:
3. Scope of the Provision
4. Meaning of “Fact of Public Nature”A fact is of public nature if it relates to:
5. Relevancy of Statements (Note Form)
6. Evidentiary Value
7. Judicial Principle
8. Illustration Explained
9. Purpose of Section 31
10. Key Takeaways
One-Line Summary👉 Statements of public facts contained in Acts, notifications, and Official Gazettes are relevant evidence but not conclusive proof of those facts.
1. Basic Principle of Section 31Under Section 31 of the Bharatiya Sakshya Adhiniyam, the law provides that:
When the court has to form an opinion as to the existence of any fact of a public nature, statements regarding such facts contained in:
- Central or State Acts
- Government notifications
- Official Gazettes (including electronic/digital form)
2. What is Admissible Under This SectionThe following are considered relevant evidence:
- Recitals in Central or State Acts
- Government notifications published in Official Gazette
- Printed or digital versions of Gazette publications
3. Scope of the Provision
- Applies only to:
- Facts of a public nature
- Such facts include:
- Matters affecting:
- Public administration
- Public institutions
- Community or general public
- Matters affecting:
4. Meaning of “Fact of Public Nature”A fact is of public nature if it relates to:
- Public rights
- Government actions
- Historical or institutional facts affecting society
- Government control over institutions
- Public rights or customs
- Historical public events recorded officially
5. Relevancy of Statements (Note Form)
- ✔ Statements in Acts and notifications:
- Are relevant evidence
- ✔ Official Gazette entries:
- Are admissible without further proof
- ✔ Electronic/digital gazettes:
- Also accepted if authentic
6. Evidentiary Value
- Gazette statements are:
- ✔ Strong evidence
- ❌ Not conclusive proof
- Support or corroborate facts
- But cannot replace:
- Judicial determination where required
7. Judicial Principle
- Courts treat Gazette statements as:
- Reliable and authoritative
- However:
- They must not be treated as final proof in disputed matters requiring adjudication
8. Illustration Explained
- If a Gazette contains:
- Information about management of a temple
- Historical facts about individuals
- Rely on it as corroborative evidence
- It is not final or conclusive proof
9. Purpose of Section 31
- Facilitates:
- Proof of public facts through official records
- Avoids:
- Need for excessive evidence
- Promotes:
- Efficiency and reliability in judicial process
10. Key Takeaways
- Section 31 deals with:
- Public facts in official documents
- Such statements are:
- ✔ Relevant
- ❌ Not conclusive
- Includes:
- Acts, notifications, and Gazette publications
One-Line Summary👉 Statements of public facts contained in Acts, notifications, and Official Gazettes are relevant evidence but not conclusive proof of those facts.
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