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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

During a fraud trial, the prosecution produces before the Court a document purporting to be a record of the evidence given by a witness before a Magistrate, and it purports to be signed by that Magistrate. Under Section 79 of the Bharatiya Sakshya Adhiniyam, 2023, what must the Court presume?

The Court must presume the document is genuine, that the signing officer's statements about the circumstances of recording are true, and that the evidence was duly taken. The presumption covers authenticity and due recording, not the truth of what the witness said.

  1. AThat the document is genuine, that the statements about the circumstances of its taking are true, and that the evidence was duly takenCorrect
  2. BOnly that the document is genuine, leaving its due taking to be proved separately
  3. CThat the witness's testimony recorded in it is true in substance
  4. DNothing, until the Magistrate is called to prove his signature

Explanation

Section 79 requires the Court to presume three things: the document is genuine, the statements about the circumstances of its taking made by the signing officer are true, and the evidence was duly taken. Option B is wrong because the presumption covers all three limbs. Option C is wrong because the presumption does not extend to the truth of the witness's testimony.

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