Section 29 BSA: Public Records and Electronic Records Made in Performance of Duty

Learn Section 29 BSA on official records, electronic entries, statutory conditions, evidentiary value and relevant Supreme Court judgments.

Introduction

Public records play an important role in legal proceedings because they document events, transactions and facts recorded by public authorities or other persons performing legally prescribed duties. Examples include birth registers, death registers, official land records and records maintained by government departments.

Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the relevancy of entries in public or official books, registers, records and electronic records made in the performance of duty. It recognises that an entry recording a fact in issue or a relevant fact may itself be relevant when it satisfies the statutory requirements.

The provision is important in civil disputes, criminal trials, property litigation, disputes concerning age or date of birth, and cases involving government records. However, an entry being relevant does not necessarily mean that the fact recorded in it has been conclusively established. The court must also consider the entry’s authenticity, source and evidentiary value.

Section 29 substantially corresponds to Section 35 of the Indian Evidence Act, 1872, with express reference to electronic records in its title and text.

Bare Act: Section 29 BSA

29. Relevancy of entry in public record or an electronic record made in performance of duty.—

An entry in any public or other official book, register or record or an electronic record, stating a fact in issue or relevant fact, and made by a public servant in the discharge of his official duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record or an electronic record, is kept, is itself a relevant fact.

Meaning of Section 29 BSA

Section 29 provides that an entry in a public or official record may be relevant evidence if it records a fact in issue or a relevant fact and was made by a public servant in the discharge of official duty or by another person performing a duty specifically imposed by law.

For example, an entry in an officially maintained birth register recording a person’s date of birth may be relevant when the person’s age is disputed in a judicial proceeding. The court must, however, examine whether the entry satisfies the statutory requirements and how much evidentiary weight it deserves.

The section also expressly covers electronic records. An official electronic register or database may therefore fall within its scope when the relevant statutory conditions are satisfied.

The central principle is that entries made as part of legally prescribed duties may be considered relevant evidence, but their evidentiary value depends on the circumstances in which they were created and maintained.

Essential Elements of Section 29 BSA

1. The entry must be in a public or official record

The first requirement is that the entry must appear in a public or other official book, register, record or electronic record.

Examples may include:

• Official birth and death registers.
• Government-maintained land or revenue records.
• Official registers maintained by public authorities.
• Records of government departments maintained in the discharge of official duties.
• Electronic registers maintained by an authorised public authority.

The nature of the record and the purpose for which it is maintained are relevant when determining whether this requirement is satisfied.

2. The entry must state a fact in issue or a relevant fact

The entry must concern a fact that is directly in issue or otherwise relevant under the law of evidence.

A record that does not relate to the dispute cannot become relevant merely because it is maintained by a public authority.

For example, if the date of birth of a person is disputed, an entry in an official birth register recording that date may be relevant. If the dispute concerns ownership of land, an official land record may be relevant to the issues raised, subject to the applicable law governing the nature and effect of that record.

3. The entry must be made in the discharge of official duty

Where a public servant makes the entry, it must be made in the discharge of official duty.

The existence of an official-looking document is not enough. The entry must have the required connection with the public servant’s legally prescribed responsibilities.

For example, a birth registrar entering information in an official birth register while performing the registrar’s statutory duties may satisfy this requirement.

4. Another person may make the entry while performing a duty imposed by law

Section 29 is not restricted to entries made by public servants.

It also covers an entry made by another person in the performance of a duty specially imposed by the law of the country in which the record is maintained.

The duty must be one specifically imposed by law. A private individual making a statement voluntarily does not automatically satisfy this requirement.

5. Electronic records are expressly covered

The provision refers to an electronic record in addition to public or official books, registers and records.

An electronic entry may therefore be relevant if it records a fact in issue or a relevant fact and was created in the performance of the legally required duty.

The section concerns the relevance of the entry. Questions concerning the authenticity, integrity, production and admissibility of an electronic record must also be examined under the applicable provisions of the BSA.

Also Read: Section 31 BSA: Public Facts in Acts and Government Notifications

Why Are Public Records Relevant Under Section 29?

Public records are often maintained as part of a structured system of official duties. The law recognises that entries made in the discharge of such duties may provide useful evidence of the facts they record.

The underlying rationale is that a record created as part of a legally prescribed duty may have evidentiary value because it forms part of an official process rather than being prepared solely for a later dispute.

However, the presumption should not be overstated. Section 29 makes a qualifying entry a relevant fact; it does not make every official record infallible or conclusive proof of every statement it contains.

The court must distinguish between the admissibility or relevance of an entry and the weight that should be attached to it.

Examples of Section 29 BSA

The following examples illustrate how the provision may apply.

Example 1: Birth register

A dispute arises concerning whether A had attained a particular age on a specified date. An entry in the official birth register records A’s date of birth.

The entry may be relevant under Section 29 if it satisfies the statutory requirements. The court must also consider the reliability of the record and the source of the information used to create it.

Principle: An official birth-register entry may be relevant to establishing a person’s date of birth, but its evidentiary weight depends on the circumstances.

Example 2: Death register

A dispute arises concerning the date on which a person died. An entry in an official death register records the date of death.

The entry may be relevant because it concerns a fact in issue or a relevant fact and is maintained as part of an official duty.

Principle: A qualifying entry in an official death register may be considered as evidence of the recorded date.

Example 3: Government land records

A and B dispute the recorded status of a parcel of land. An official revenue record contains an entry relating to the parcel.

The entry may be relevant if the requirements of Section 29 are satisfied. The court must also consider the nature and legal effect of the particular land record under the applicable law.

Principle: An official land record may be relevant, but it does not necessarily establish title conclusively merely because it is an official record.

Example 4: Electronic government database

An authorised government department maintains an electronic database recording applications and their status. A dispute arises about whether a particular application was recorded on a specific date.

The relevant electronic entry may fall within Section 29 if it records a fact in issue or relevant fact and was made in the performance of the required duty.

Its authenticity and the requirements governing the proof of electronic records must also be considered.

Principle: Section 29 expressly recognises qualifying electronic records, but relevance does not eliminate the need to establish authenticity and satisfy other applicable evidentiary rules.

Example 5: An entry made without a legally prescribed duty

A private person writes a date of birth in a notebook without any statutory or official responsibility to maintain that information.

The notebook entry does not automatically qualify under Section 29 merely because it records a potentially relevant fact.

Principle: The requirement concerning official duty or a duty specially imposed by law is essential.

Important Case Laws on Section 29 BSA

The following decisions interpret Section 35 of the Indian Evidence Act, 1872, the predecessor provision. They remain relevant to the corresponding principle under Section 29 BSA, but they should not be described as judgments directly interpreting the new Act.

1. Birad Mal Singhvi v. Anand Purohit, 1988 Supp SCC 604

Legal principle: The Supreme Court explained the conditions for treating an entry as relevant under Section 35 of the former Evidence Act. The entry must be in a public or official book, register or record; it must state a fact in issue or relevant fact; and it must have been made by a public servant in the discharge of official duty or by another person performing a duty specially imposed by law.

The Court also distinguished between the admissibility of an entry and its evidentiary value. A date-of-birth entry in a school register may be relevant, but its value in proving age may be limited when the material on which the entry was based is not established.

Relevance to Section 29 BSA: This is a leading authority on the statutory requirements for official entries and the distinction between relevance and proof of the recorded fact.

2. Hasib v. State of Bihar, AIR 1972 SC 283

Legal principle: The Supreme Court considered the evidentiary use of a first information report (FIR). Although an FIR may be recorded by a public servant in the performance of official duty, it is not, merely because of that fact, substantive evidence proving the truth of every fact stated in it. Its use is governed by the applicable evidentiary rules, including its use for corroboration or contradiction where legally permissible.

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

Relevance to Section 29 BSA: The decision illustrates an important distinction: the fact that a record is officially made does not automatically make every statement contained in it substantive proof of the underlying facts.

3. Desh Raj v. Bodh Raj, (2008) 2 SCC 186

Legal principle: The Supreme Court discussed the evidentiary relevance of entries in public or official records under Section 35 of the former Evidence Act, including entries in school admission registers concerning age and other particulars.

The decision refers to the principles in Birad Mal Singhvi and demonstrates that the relevance of an official entry must be assessed alongside its evidentiary foundation and the circumstances in which it was made.

Relevance to Section 29 BSA: The case reinforces the distinction between treating an entry as relevant and deciding whether it sufficiently proves the fact in dispute.

These authorities should be applied with attention to their actual holdings and the specific record in question. The admissibility and evidentiary weight of an entry may depend on the nature of the record, the duty under which it was made, and the source of the information recorded.

Difference Between Relevance and Conclusive Proof

A common mistake is to assume that an official record conclusively establishes everything written in it. Section 29 does not say that.

Basis	Relevance under Section 29	Conclusive proof
Meaning	The entry may be considered relevant evidence	The law treats a specified fact as conclusively established once the applicable conditions are met
Effect	Permits the court to consider the entry	Ordinarily excludes contrary proof of the fact treated as conclusive
Evidentiary assessment	Authenticity, source and weight remain important	Depends on the statutory rule assigning conclusive effect
Example	An official register records a person’s date of birth	A separate statutory provision expressly treats a specified fact as conclusive proof

The key point is that Section 29 makes a qualifying entry a relevant fact. It does not automatically make the entry conclusive proof.

Difference Between Section 28 and Section 29 BSA

Sections 28 and 29 both concern entries in records, but they address different kinds of records and statutory conditions.

Section 28 BSA	Section 29 BSA
Deals with entries in books of account regularly kept in the course of business	Deals with entries in public or official records and electronic records made in the performance of duty
Focuses on business accounts	Focuses on official records and legally prescribed duties
Corresponds to Section 34 of the former Indian Evidence Act	Corresponds to Section 35 of the former Indian Evidence Act
Entries alone are not sufficient to charge a person with liability	A qualifying official entry is itself a relevant fact, subject to the applicable evidentiary rules

Section 28 specifically concerns books of account, while Section 29 concerns qualifying public or official records.

Difference Between Section 29 and Section 30 BSA

Section 29 deals with entries in public or official records and electronic records made in the performance of duty.

Section 30 deals with the relevancy of statements in maps, charts and plans. It addresses a different form of recorded information and should not be confused with the rules governing official registers and records under Section 29.

Corresponding Provision Under the Indian Evidence Act, 1872

The corresponding provision was Section 35 of the Indian Evidence Act, 1872, titled Relevancy of entry in public record made in performance of duty.

Section 29 BSA carries forward the central rule that an entry in a public or official book, register or record is relevant when it states a fact in issue or relevant fact and is made by a public servant in the discharge of official duty or by another person performing a duty specially imposed by law.

The BSA provision expressly refers to electronic records in its title and text.

The Indian Evidence Act, 1872 was repealed with effect from 1 July 2024, subject to applicable savings provisions. For proceedings governed by the BSA, the relevant provision is Section 29.

Important Points for Law School and Judiciary Examinations

• Section 29 BSA deals with the relevancy of entries in public or official records and electronic records made in the performance of duty.
• The corresponding provision under the Indian Evidence Act, 1872 was Section 35.
• The entry must state a fact in issue or relevant fact.
• The entry must be made by a public servant in the discharge of official duty or by another person performing a duty specially imposed by law.
• Electronic records are expressly included in the provision.
• A record’s official nature does not automatically make every statement in it conclusive proof.
• Relevance and evidentiary weight are distinct concepts.
• Birad Mal Singhvi v. Anand Purohit is a leading authority on the conditions governing official entries.
• Hasib v. State of Bihar illustrates that an official record such as an FIR is not automatically substantive evidence of every fact stated in it.
• The authenticity and evidentiary foundation of an electronic record must also be considered under the applicable provisions of the BSA.

Frequently Asked Questions (FAQs)

1. What is Section 29 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 29 provides that an entry in a public or official book, register, record or electronic record is a relevant fact when it records a fact in issue or relevant fact and is made by a public servant in the discharge of official duty or by another person performing a duty specially imposed by law.

2. Which section of the Indian Evidence Act corresponds to Section 29 BSA?

Section 29 BSA corresponds to Section 35 of the Indian Evidence Act, 1872.

3. Are electronic records covered by Section 29 BSA?

Yes. Section 29 expressly includes electronic records, provided the entry satisfies the statutory conditions.

4. Is every government record admissible under Section 29?

No. The entry must satisfy the statutory requirements, including the connection with a fact in issue or relevant fact and the duty under which the entry was made. Other applicable requirements concerning authenticity and proof must also be considered.

5. Does Section 29 make an official record conclusive proof?

No. Section 29 makes a qualifying entry a relevant fact. The court must still assess its evidentiary weight, and the provision does not make every official entry conclusive proof.

6. Can a school register prove a person’s date of birth?

A school-register entry may be relevant if the applicable statutory conditions are satisfied. However, as explained in Birad Mal Singhvi v. Anand Purohit, the evidentiary value of the entry may depend on the material on which it was based and whether the source of the information is established.

7. Is an FIR substantive evidence under Section 29 BSA?

An FIR is not automatically substantive evidence of every fact stated in it merely because it was recorded by a public servant. Its evidentiary use depends on the applicable rules governing FIRs and the purpose for which it is relied upon.

8. Which case is important for Section 29 BSA?

Birad Mal Singhvi v. Anand Purohit, 1988 Supp SCC 604, is particularly important because it explains the conditions for the relevance of entries in public or official records and distinguishes relevance from evidentiary weight.

Conclusion

Section 29 of the Bharatiya Sakshya Adhiniyam, 2023 recognises the relevance of entries in public or official records and electronic records made in the performance of duty. It allows qualifying entries to be considered when they record facts in issue or relevant facts.

However, the section does not make every official record infallible or conclusive. The court must examine whether the entry was made under the required duty, whether it concerns a relevant fact, and what evidentiary weight it deserves. Electronic records must also satisfy the applicable requirements governing their authenticity and proof.

For law students and judiciary aspirants, the central distinction is between the relevance of an official entry and its ability to prove the fact recorded. Birad Mal Singhvi v. Anand Purohit is particularly important for understanding that distinction.

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