Section 37 Indian Evidence Act: Public Facts in Acts and Notifications - BSA Section 31
Statements about facts of a public nature contained in legislation and official Gazette notifications may be relevant evidence in court. The present provision is Section 31 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), corresponding to Section 37 of the Indian Evidence Act, 1872.
Section 31 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Central Act or State Act or in a Central Government or State Government notification appearing in the respective Official Gazette or in any printed paper or in electronic or digital form purporting to be such Gazette, is a relevant fact.
Source: Bharatiya Sakshya Adhiniyam, 2023, Section 31 - official India Code PDF.
Meaning of the provision
A fact of a public nature is a matter concerning the public or the administration of government, rather than an exclusively private transaction. A recital is a statement of background or circumstances appearing in an Act. An Official Gazette is an authorised government publication containing notifications and other official material.
Section 31 makes the specified statement a relevant fact when the court must decide whether such a public fact exists. It does not automatically make every statement conclusive or eliminate the need to examine the authenticity, applicability and evidentiary weight of the material.
Conditions for relying on Section 31
- The court must need to form an opinion about the existence of a fact of a public nature.
- The statement must concern that public fact.
- It must appear in a recital of a Central or State Act, or in a Central or State Government notification published in the relevant Official Gazette, including a qualifying printed or electronic or digital Gazette form.
- The material must be properly identified and produced or otherwise proved in accordance with applicable evidentiary rules.
Section 37 of the Indian Evidence Act, 1872
Former heading: Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
Under the former Section 37, a statement about a fact of public nature was relevant when contained in a recital in specified Acts or government notifications and Gazettes. The provision also referred to historical British and colonial legislative and Gazette sources. The original page's references to the United Kingdom Parliament, the Crown Representative, the London Gazette and Dominion or colonial Gazettes reflect that historical statutory language.
The earlier provision was amended through the Repealing and Amending Act, 1914 and successive adaptation orders, including those of 1937, 1948 and 1950. The State Act wording was further modified by Act 3 of 1951. These historical references are retained here for context rather than presented as the current operative wording.
Principal change: BSA Section 31 uses contemporary Central and State legislative and government notification language and expressly recognises Gazette material in electronic or digital form.
Practical illustrations
Notification establishing an administrative area
Where a dispute concerns whether a locality was officially notified as a municipal area, the relevant State Government notification published in the Official Gazette may be relevant to that public fact.
Commencement of a statutory provision
Where commencement depends on a notified date, the appropriate Central or State Gazette notification can help establish the notified commencement date. The precise wording and legal effect of the notification must still be examined.
Electronic Gazette notification
A government notification appearing in an official electronic Gazette can fall within Section 31. A screenshot from an unofficial website is not necessarily equivalent to an authentic Gazette publication.
Relevancy, authenticity and evidentiary weight
Relevancy is not the same as conclusive proof. The provision identifies statements that the court may consider. A party may still need to show that the document is authentic, that the notification covers the relevant place and period, and that any prescribed legal conditions were fulfilled.
For electronic material, the rules concerning proof of electronic or digital records under the BSA, including Section 63 where applicable, should also be considered. Other provisions on judicial notice, public documents and proof of official documents may be relevant depending on the issue.
Private contractual disputes, personal debts and unrelated news reports do not become facts of a public nature merely because they are mentioned in public discussion. The specific statutory conditions must be met.
Frequently asked questions
What is the corresponding BSA provision for Section 37 of the Indian Evidence Act?
Section 31 of the Bharatiya Sakshya Adhiniyam, 2023.
Are electronic Gazette notifications relevant evidence?
Yes. Section 31 expressly includes Gazette material in electronic or digital form, subject to applicable requirements concerning authenticity and proof.
Does a Gazette notification automatically prove every fact stated in it?
No. The section makes qualifying statements relevant. Their legal effect and evidentiary weight depend on the facts and applicable law.
Can Section 37 still matter after 1 July 2024?
Yes, for matters governed by the repeal-and-savings provision in Section 170 of the BSA. The applicable procedural history should be checked.
Official legal references
- India Code - Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
- India Code - Central legislation database
- e-Gazette of India - Official Gazette publications
- Ministry of Home Affairs - New criminal laws
- Indian Evidence Act, 1872 - Related provisions
This article is general legal information. Consult the applicable statute, official notification and legal advice for a particular proceeding.