The Bhartiya Sakshya
Adhiniyam 2023 (Indian Evidence Act 2023) Section 28 deals with the
admissibility of entries in the books of account as evidence in legal
proceedings. According to this section, entries in the books of account,
whether they are in physical or electronic form, are not sufficient evidence on
their own to charge any person with liability.
In simpler terms, just because something is
written or recorded in a company's financial records doesn't automatically make
it true or legally binding. The law recognizes that there can be inaccuracies,
manipulations, or errors in accounting entries, and relying solely on these
entries may not provide a complete picture or establish liability.
Therefore, if a court is inquiring into a matter
and relies solely on the entries in the books of account as evidence, Section
28 stipulates that such entries are not enough. The court will need additional
evidence to substantiate any claims or charges against a person. This ensures
that a more thorough investigation is conducted and that judgments are based on
a broader range of evidence, not just accounting records.
Other types of evidence that may be required
could include witness testimonies, documents, contracts, invoices, bank
statements, or expert opinions, depending on the specifics of the case. These
additional sources of evidence help corroborate or challenge the information
provided in the books of account, providing a more comprehensive understanding
for the court to make a fair and informed decision.
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