Bharatiya Sakshya Adhiniyam, 2023
Section 163
Testimony to facts stated in document mentioned in section 162
A witness may also testify to facts mentioned in any such document as is mentioned in section 162, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. Illustration. A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered.
Why this exists
This rule recognizes that people who keep regular records — clerks, accountants, police officers, doctors — cannot be expected to remember every single transaction or event years later. Instead of forcing them to have independent memory, the law allows them to rely on the accuracy of records they made or checked at the time, as long as they can vouch for the general reliability of their record-keeping practice. This principle traces back to the Indian Evidence Act, 1872 (Section 160), and has been carried forward almost verbatim into the Bharatiya Sakshya Adhiniyam, 2023.
How courts read it
Indian courts have consistently held that this provision applies to routine, contemporaneous records such as account books, hospital registers, and police diaries. Courts have clarified that the witness must show the record was made as part of a regular system and that they had a practice of ensuring accuracy, rather than merely producing a document with no personal knowledge of how it was kept. The credibility of such testimony still depends on cross-examination testing the reliability of the record-keeping process.
Common misconceptions
- Myth: A witness must personally remember the event to testify about it in court.
Fact: Under this section, a witness can testify based on a reliable, correctly-kept record even without personal memory of the specific event. - Myth: Any old document can be used this way.
Fact: This applies only to documents of the kind mentioned in Section 162 — records made or checked by the witness that they can vouch for as accurate.