BSA Section 79 — Presumption as to documents produced as record of evidence, etc

Summary

Whenever a document is produced before a court, and it appears to be a record or summary of evidence given by a witness in a judicial proceeding, or before an officer legally authorised to take such evidence, or appears to be a statement or confession made by a prisoner or accused person that was taken according to law, and the document appears to be signed by a Judge, Magistrate, or such authorised officer, the court must presume certain things about that document.

Under item (i), the court must presume that the document itself is genuine.

Under item (ii), the court must presume that any statements about the circumstances under which the document was taken, which appear to be made by the person who signed it, are true.

Under item (iii), the court must presume that the evidence, statement, or confession recorded in the document was properly and lawfully taken.

Official Text

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i) the document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and

(iii) such evidence, statement or confession was duly taken.

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• IEA §80 — Presumption as to documents produced as record of evidence, etc