BSA Section 147 — Evidence as to matters in writing

Summary

While a witness is being examined, they can be asked whether a contract, grant, or other transfer of property they are testifying about was written down in a document. If the witness says it was, or if they are about to describe the contents of a document that the court thinks should be shown in court, the opposing side can object to that testimony until the document is actually produced. The testimony can only continue if the person who called the witness proves facts that allow them to give secondary evidence of the document instead.

The explanation clarifies that a witness can give oral evidence about what other people said regarding the contents of documents, but only if those statements are themselves relevant facts in the case.

The illustration gives an example: if the question is whether A assaulted B, and C testifies that he heard A say to D that B wrote a letter accusing A of theft and A would take revenge, that statement is relevant because it shows A's motive for the assault. Evidence of that statement can be given even if no other evidence about the letter is presented.

Official Text

Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.

Explanation.—A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.

Illustration. The question is, whether A assaulted B. C deposes that he heard A say to D— “B wrote a letter accusing me of theft, and I will be revenged on him”. This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.

Referred to by

• BSA §115 — Presumption as to certain offences

Old <-> New Code Mapping

• IEA §144 — Evidence as to matters in writing