Section 144 of the Indian Evidence Act: Evidence as to Matters in Writing
Section 144 of the Indian Evidence Act, 1872 regulated oral testimony about contracts, grants and other documentary matters. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 147, which governs evidence as to matters in writing.
Meaning and purpose of the provision
The rule prevents a party from proving the contents of a document merely by asking a witness to describe it orally when the document should be produced. It permits the opposing party to object until the document is produced or a legally sufficient foundation for secondary evidence is established.
Section 147 of the Bharatiya Sakshya Adhiniyam, 2023
Under Section 147, a witness may be asked whether a contract, grant or other disposition of property about which the witness testifies was contained in a document. If the witness confirms that it was, or is about to testify about a document's contents and the court considers production necessary, the adverse party may object to the testimony until the document is produced or the conditions for secondary evidence are proved.
Explanation: statements about documents
A witness may testify orally about another person's statement concerning a document's contents when that statement is itself a relevant fact. This is different from offering the statement merely to prove what the document says.
Former Section 144 of the Indian Evidence Act, 1872
Any witness may be asked, whilst 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.
Statutory illustration: motive for assault
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. Evidence of the statement may be given even if no other evidence is given about the letter.
Why this matters: C is recounting A's statement to show a possible motive, not attempting to prove the letter's actual contents. The statutory explanation therefore permits the testimony when the statement is relevant.
How the rule works in court
- Identify the document: Ask whether the transaction or disposition was recorded in writing.
- Raise an objection: The adverse party may object if the witness begins narrating contents of a document that the court considers should be produced.
- Produce primary evidence: Ordinarily the document itself should be produced, subject to the applicable evidentiary rules.
- Establish secondary evidence: If the original cannot be produced, the party relying on secondary evidence must satisfy the relevant statutory conditions; the objection is not automatically overcome by asserting that the original is unavailable.
- Distinguish a relevant statement: A statement about a document may be independently relevant, such as to establish motive, without proving the truth of the document's contents.
Related provisions
The BSA defines documents to include electronic and digital records under Section 2(1)(d). Rules on primary and secondary evidence are contained in Sections 57 to 60; the separate rules governing electronic or digital records should also be considered where relevant. Section 148 addresses cross-examination about previous statements in writing, a different issue from Section 147.