Section 191: Proof of entries in records and documents

Text of Section 191:

Entries made in the records or other documents of a railway administration shall be admissible as evidence in all legal proceedings, either by or against the railway administration. These entries can be proved in the following ways:

1. Production of the Original Records:
   • The original records or other documents of the railway administration, which contain the entries, may be presented as evidence.
2. Production of Certified Copies:
   • A certified copy of the entries, signed by the officer in charge of the records, can be used as evidence.
   • The officer must certify that the copy is a true copy of the original and that the original entries are contained in the records or documents held by the railway administration.

Explanation of Section 191:

Overview:

Section 191 provides a framework for admitting entries in the records or other documents of a railway administration as evidence in legal proceedings. This provision simplifies the process of proving facts related to the railway administration’s activities, making it easier to use official documents in court without requiring the original records to be presented each time.

Key Provisions:

1. Admissibility of Entries:
   • The section specifically allows entries in records or documents of the railway administration to be used as evidence in any legal proceeding. These proceedings can involve the railway administration either as the prosecuting party (in case of an action by the railway) or the defending party (in case the railway is being sued).
2. Ways to Prove Entries:
   • Production of Original Documents: The original documents or records that contain the entries can be presented as evidence in court.
   • Certified Copies: If the original documents are unavailable, certified copies of the entries can be used instead. These copies must be certified by the officer who is responsible for the records. The officer’s certification should include:
     • A statement that the copy is a true copy of the original entry.
     • Confirmation that the original entry exists in the records or documents of the railway administration.
3. Certified Copy’s Legal Value:
   • The use of certified copies ensures that even if the original documents cannot be physically presented in court, there is a reliable and legally recognized alternative that preserves the integrity of the records.

Practical Implications:

1. Ease of Proof:
   • This section facilitates the legal process by allowing records of the railway administration to be easily introduced as evidence in legal proceedings.
   • It removes the need for presenting physical documents in every case, reducing administrative burdens and increasing the efficiency of legal proceedings.
2. Reliability of Evidence:
   • The provision ensures that documents from the railway administration are legally reliable and can be trusted in court, provided they are certified by an authorized officer. This helps to prevent disputes over the authenticity of the records.
3. Official Record Keeping:
   • The section emphasizes the importance of proper record keeping within the railway administration. It ensures that records are maintained in a way that they can be easily referenced and used as evidence when needed.

Conclusion:

Section 191 simplifies the process of proving entries from the railway administration’s records in legal proceedings. By allowing certified copies to be presented as evidence, it ensures that the administration’s documents are treated as reliable and can be used in court without the need to produce the original records. This provision enhances the efficiency of legal processes involving the railway administration.