Section 31 BSA: Public Facts in Acts and Government Notifications

Section 31 BSA explains when statements about facts of a public nature in Central or State Acts and official government notifications are relevant evidence.

Introduction

In judicial proceedings, courts sometimes need to determine whether a fact of a public nature exists. Examples include the official declaration of a public holiday, the notification of a particular area, or a government declaration concerning a matter of public importance.

Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that a statement concerning a fact of a public nature, contained in a recital in a Central Act or State Act, or in a Central or State Government notification published in the relevant Official Gazette, is a relevant fact. The provision also expressly recognises printed, electronic and digital forms purporting to be the relevant Gazette.

The purpose of this provision is to facilitate proof of certain public facts through formal legislative and government publications, rather than requiring every such fact to be established through separate oral testimony.

However, the section concerns the relevance of statements about public facts. It does not automatically make every statement in a government notification conclusive proof of every matter mentioned in it.

Section 31 substantially corresponds to Section 37 of the Indian Evidence Act, 1872.

Bare Act: Section 31 BSA

31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.—

When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.

Meaning of Section 31 BSA

Section 31 deals with statements about facts of a public nature contained in specified legislative enactments and government notifications.

For example, suppose a court must determine whether a particular area was officially notified as a protected area on a particular date. A relevant Central or State Government notification published in the Official Gazette may be relied upon as relevant evidence of that public fact.

The provision identifies the types of sources that may contain relevant statements:

• A Central Act.
• A State Act.
• A Central Government notification appearing in the Official Gazette.
• A State Government notification appearing in the respective Official Gazette.
• A printed, electronic or digital publication purporting to be the relevant Gazette.

The statement must concern a fact of a public nature about which the court has to form an opinion.

The provision does not mean that every government document, press release or website announcement automatically qualifies under Section 31. The source and statutory requirements must be examined.

Essential Elements of Section 31 BSA

1. The court must consider a fact of a public nature

The first requirement is that the court must have to form an opinion about the existence of a fact of a public nature.

Public facts are matters affecting the public or relating to public administration, public arrangements or other matters of general public concern.

Examples may include the official notification of a public holiday, the declaration of a public area or a government notification concerning the administrative status of a particular locality.

The provision is not a general rule for proving every private dispute or every fact mentioned in an official document.

2. The statement must appear in a specified source

Section 31 identifies the legislative and governmental sources in which the statement must appear.

These include a recital in a Central Act or State Act and a Central or State Government notification appearing in the respective Official Gazette.

The source matters because the provision does not apply indiscriminately to all statements concerning public matters.

3. Official Gazette publications may be printed or electronic

Section 31 expressly recognises printed, electronic and digital forms purporting to be the relevant Official Gazette.

This accommodates the use of electronic and digital government publications alongside printed Gazettes.

However, the electronic or digital publication must purport to be the relevant Gazette. An ordinary webpage or an unofficial copy does not automatically satisfy this requirement merely because it contains information about a government decision.

4. The statement must concern the public fact in question

The statement must be relevant to the public fact that the court needs to determine.

Also Read: Section 32 BSA: Relevancy of Statements as to Law in Law Books

A notification concerning one public matter does not automatically establish an unrelated matter merely because both appear in government publications.

5. Relevance does not mean conclusive proof

Section 31 states that the qualifying statement is a relevant fact. It does not declare that every statement in an Act or notification is conclusive proof of every matter it mentions.

The court must distinguish between the relevance of a public statement and the legal effect or evidentiary weight of that statement.

What Is a Fact of a Public Nature?

A fact of a public nature generally concerns a matter affecting the public, public administration or a matter of general public concern.

Examples may include:

• The official declaration of a public holiday.
• A government notification declaring a particular area to have a specified public or administrative status.
• A notification concerning the establishment or designation of a public institution.
• A legislative recital concerning a matter of public significance.

Whether a particular fact falls within Section 31 depends on the nature of the fact and the source in which the statement appears.

The section should not be confused with provisions that govern judicial notice, the proof of legislation or the proof of official documents. Those provisions address related but distinct evidentiary questions.

Difference Between Section 31 BSA and Judicial Notice

Section 31 makes specified statements about facts of a public nature relevant evidence. Judicial notice, by contrast, concerns matters that a court recognises without requiring them to be proved through the ordinary process of evidence.

The distinction is important because the relevance of a government notification does not mean that every fact mentioned in it must automatically be judicially noticed.

The applicable rules depend on the nature of the matter, the statutory provisions involved and the purpose for which the notification is relied upon.

Practical Examples of Section 31 BSA

The following examples illustrate the principle.

Example 1: Notification declaring a public holiday

A dispute arises concerning whether a particular day was officially declared a public holiday by the State Government.

The relevant State Government notification published in the Official Gazette may be relied upon as relevant evidence of that public fact.

Principle: A qualifying government notification may provide relevant evidence of an officially declared public matter.

Example 2: Notification concerning an area

A court must determine whether a particular locality was officially declared to have a specified administrative status. The relevant government notification appears in the Official Gazette.

The notification may be relevant under Section 31 because it records a public fact through a specified official source.

Principle: Official Gazette notifications may be relevant when the court must determine the existence of a public fact.

Example 3: Electronic Official Gazette

A party produces an electronic publication purporting to be the State Government’s Official Gazette containing a relevant notification.

Section 31 expressly recognises electronic and digital forms purporting to be the relevant Gazette. The court must still consider whether the publication satisfies the applicable requirements and whether any additional rules concerning authenticity or proof apply.

Principle: The provision is not limited to printed Gazettes.

Example 4: Unofficial social media announcement

A person produces a social media post claiming that the government has declared a particular area to have a specified status.

The post does not automatically qualify under Section 31 merely because it discusses a public matter. The statutory source requirement must be satisfied, although other evidentiary rules may be relevant depending on the circumstances.

Principle: A statement about a public fact is not automatically covered by Section 31 unless the relevant statutory conditions are met.

Example 5: Government publication concerning private ownership

A party relies on a government publication that discusses the historical background of a locality to prove exclusive ownership of a disputed private property.

Also Read: Section 81 BSA: Presumption as to Gazettes in Electronic or Digital Record

The publication may provide relevant historical information, but it does not automatically establish private ownership conclusively. The court must examine the purpose, authority, evidentiary foundation and legal effect of the material.

Principle: The relevance of a public statement does not automatically settle private rights.

Important Case Laws on Section 31 BSA

The following authorities interpret the corresponding provision or related principles under the former Indian Evidence Act, 1872. They are relevant to understanding Section 31 BSA, but they should not be described as judgments directly interpreting the new Act.

1. M. Siddiq (D) through LRs v. Mahant Suresh Das, (2020) 1 SCC 1

Legal principle: In the Ayodhya title dispute, the Supreme Court considered historical materials, including gazetteers and official reports, while assessing evidence relating to the disputed site. The judgment recognised the evidentiary value of such historical materials but cautioned against treating them as conclusive proof of disputed private rights.

Relevance to Section 31 BSA: The decision illustrates that official publications and historical records may assist a court in determining matters of public or historical nature. Their weight must nevertheless be assessed in context, and they do not automatically determine the legal rights of private parties.

2. Rajah Muttu Ramalinga Setupati v. Perianayagum Pillai, (1873–74) 1 IA 209

Legal principle: The Privy Council considered the evidentiary significance of reports made by public officers under statutory authority. It distinguished between official reports that provide information about official proceedings and historical facts, and opinions expressed in those reports concerning the private rights of parties.

Relevance to Section 31 BSA: The decision supports the principle that official publications may have evidentiary value regarding public or historical matters without automatically acquiring binding or conclusive force concerning private rights.

These authorities illustrate an important distinction: a public or official source may be relevant evidence, but the court must still evaluate what it actually establishes and the weight that should be attached to it.

Difference Between Section 30 and Section 31 BSA

Section 30 BSA	Section 31 BSA
Deals with statements in maps, charts and plans	Deals with statements concerning facts of a public nature in specified Acts and government notifications
Covers qualifying published maps or charts and government-authorised maps or plans	Covers recitals in Central or State Acts and Central or State Government notifications appearing in the relevant Official Gazette
Focuses on matters usually represented or stated in maps, charts or plans	Focuses on the existence of facts of a public nature
Corresponds to Section 36 of the former Indian Evidence Act	Corresponds to Section 37 of the former Indian Evidence Act

The principal distinction is the type of source and the nature of the fact for which it is relied upon.

Difference Between Section 31 and Section 32 BSA

Section 31 concerns statements about facts of a public nature in specified Acts and government notifications. Section 32 concerns statements about the law of a foreign country contained in qualifying law books or reports of judicial decisions.

Section 31 BSA	Section 32 BSA
Concerns facts of a public nature	Concerns the law of a country
Covers specified legislative recitals and government notifications	Covers qualifying law books and reports of court rulings
Corresponds to Section 37 of the former Evidence Act	Corresponds to Section 38 of the former Evidence Act

These provisions address different evidentiary questions and should not be confused.

Corresponding Provision Under the Indian Evidence Act, 1872

The corresponding provision was Section 37 of the Indian Evidence Act, 1872, titled Relevancy of statement as to fact of public nature, contained in certain Acts or notifications.

Both provisions concern statements about facts of a public nature contained in specified legislative enactments or government notifications.

Section 31 BSA expressly recognises notifications appearing in the respective Official Gazettes in printed, electronic or digital form purporting to be such Gazettes.

The Indian Evidence Act, 1872 was repealed with effect from 1 July 2024, subject to the applicable savings provisions. For proceedings governed by the BSA, the relevant provision is Section 31.

Important Points for Law School and Judiciary Examinations

• Section 31 BSA deals with the relevance of statements concerning facts of a public nature in specified Acts and government notifications.
• The corresponding provision under the Indian Evidence Act, 1872 was Section 37.
• The court must have to form an opinion about the existence of a fact of a public nature.
• The statement must appear in a recital in a Central Act or State Act, or in a qualifying Central or State Government notification.
• The government notification must appear in the respective Official Gazette.
• Printed, electronic and digital forms purporting to be the relevant Gazette are recognised.
• Section 31 makes qualifying statements relevant; it does not automatically make every statement conclusive proof.
• Official publications may be relevant to public or historical facts without conclusively determining private rights.
• M. Siddiq v. Mahant Suresh Das and Rajah Muttu Ramalinga Setupati v. Perianayagum Pillai are useful authorities for understanding the evidentiary value and limitations of official publications.

Frequently Asked Questions (FAQs)

1. What is Section 31 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 31 provides that a statement concerning a fact of a public nature, contained in a recital in a Central or State Act or in a qualifying Central or State Government notification appearing in the respective Official Gazette, is a relevant fact.

2. Which section of the Indian Evidence Act corresponds to Section 31 BSA?

Section 31 BSA corresponds to Section 37 of the Indian Evidence Act, 1872.

3. What is meant by a fact of a public nature?

A fact of a public nature generally concerns a matter affecting the public, public administration or a matter of general public concern. Whether a particular fact qualifies depends on its nature and the context in which it arises.

4. Are electronic Official Gazettes covered by Section 31?

Yes. Section 31 expressly recognises printed, electronic and digital forms purporting to be the relevant Official Gazette, subject to the applicable requirements.

5. Does Section 31 make every government notification conclusive proof?

No. Section 31 makes qualifying statements relevant facts. The legal effect and evidentiary weight of a notification depend on the relevant law and circumstances.

6. Can a government notification prove ownership of private property?

A notification may be relevant to a public fact, but it does not automatically establish private ownership. The court must assess the notification’s purpose, legal effect and relationship with the issue in dispute.

7. Which cases are important for Section 31 BSA?

M. Siddiq (D) through LRs v. Mahant Suresh Das, (2020) 1 SCC 1, and Rajah Muttu Ramalinga Setupati v. Perianayagum Pillai, (1873–74) 1 IA 209, are relevant authorities on the evidentiary value and limitations of official publications and historical records.

Conclusion

Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 recognises the relevance of statements concerning facts of a public nature contained in specified legislative enactments and government notifications published in the relevant Official Gazette. Its express recognition of printed, electronic and digital Gazette formats reflects the inclusion of modern forms of official publication.

However, relevance is not the same as conclusive proof. The court must consider the nature of the public fact, the source of the statement and the legal effect of the material. Official publications may assist in establishing public or historical facts, but they do not automatically settle every disputed private right.

For law students and judiciary aspirants, the central principle is to understand both the scope of Section 31 and the limits of the evidentiary value of official publications.

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