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Bharatiya Sakshya Adhiniyam, 2023 Syllabus, Exam Pattern
Bharatiya Sakshya Adhiniyam, 2023 Syllabus, Exam Pattern
Bharatiya Sakshya Adhiniyam, 2023 Syllabus
Bharatiya Sakshya Adhiniyam, (BSA):
The Bharatiya Sakshya Adhiniyam, (Act No. 47 of 2026) received presidential assent on Notified Soon, and came into force on Notified Soon. It replaces the long-standing Indian Evidence Act, 1872 (IEA).
PART I: PRELIMINARY
Chapter I: Preliminary (Sections 1-2)
Section 1: Short title, application (applies to all judicial proceedings including court-martial, but not affidavits or arbitrations), and commencement date.
Section 2: Definitions of key terms like "Court," "Fact," "Relevant," "Facts in issue," "Document" (including electronic records), "Evidence" (including oral evidence given electronically), "Proved," "Disproved," "Not proved," "May presume," "Shall presume," "Conclusive proof."
PART II: RELEVANCY OF FACTS
Chapter II: Relevancy of Facts (Sections 3-50)
Section 3: Evidence may be given only of facts in issue and relevant facts.
Closely Connected Facts (Res Gestae, etc.):
Section 4: Relevancy of facts forming part of the same transaction (Res Gestae).
Section 5: Facts which are the occasion, cause, or effect of facts in issue.
Section 6: Motive, preparation, and previous or subsequent conduct.
Section 7: Facts necessary to explain or introduce relevant facts (Identification parades, etc.).
Section 8: Things said or done by 0conspirators in reference to common design.
Section 9: When facts not otherwise relevant become relevant (e.g., to support or rebut an inference).
Section 10: Facts relevant in suits for damages.
Section 11: Facts relevant when right or custom is in question.
Section 12: Facts showing existence of state of mind (intention, knowledge, good faith, negligence) or state of body/bodily feeling.
Section 13: Facts bearing on whether an act was accidental or intentional.
Section 14: Existence of course of business when relevant.
Admissions:
Section 15: Admission defined.
Sections 16-18: Admissions by party, agent, persons with joint interest, or persons expressly referred to.
Section 19: Proof of admissions against the person making them.
Section 20: Oral admissions as to contents of documents (generally not relevant).
Section 21: Admissions in civil cases when relevant (without prejudice communications).
Confessions:
Section 22: Confession caused by inducement, threat, coercion, or promise, when irrelevant. (Includes concepts from old Sections 28, 29 as provisos).
Section 23: Confession to police officer inadmissible; Confession in police custody inadmissible unless made before a Magistrate; Proviso regarding discovery of facts based on information from accused.
Section 24: Consideration of proved confession affecting the person making it and others jointly under trial.
Section 25: Admissions are not conclusive proof but may operate as estoppel.
Statements by Persons Who Cannot Be Called as Witnesses:
Section 26: Cases where statement of relevant fact by person who is dead or cannot be found, etc., is relevant (e.g., Dying declarations, statements against interest, in course of business, relating to customs, relationships, or in wills/deeds).
Section 27: Relevancy of certain evidence for proving subsequent proceeding the truth of facts stated therein.
Statements Made Under Special Circumstances:
Section 28: Relevancy of entry in books of account.
Section 29: Relevancy of entry in public record or electronic record made in performance of duty.
Section 30: Relevancy of statements in maps, charts, and plans.
Section 31: Relevancy of statement as to fact of public nature in certain Acts or notifications.
Section 32: Relevancy of statements as to any law contained in law-books.
How Much of a Statement is to be Proved:
Section 33: What evidence to be given when statement forms part of a conversation, document, electronic record, book, or series of letters/papers.
Judgments of Courts When Relevant:
Sections 34-38: Relevancy of previous judgments (Res Judicata), judgments in rem (probate, matrimonial, admiralty, insolvency), and other judgments.
Opinions of Third Persons When Relevant (Expert Opinions):
Section 39: Opinions of experts (including on 'any other field').
Section 40: Facts bearing upon opinions of experts.
Section 41: Opinion as to handwriting/signature.
Section 42: Opinion as to existence of right or custom.
Section 43: Opinion as to usages, tenets, etc.
Section 44: Opinion on relationship.
Section 45: Grounds of opinion when relevant.
Character When Relevant:
Section 46: In civil cases, character to prove conduct imputed is irrelevant (except when character itself is a fact in issue).
Section 47: In criminal cases, previous good character is relevant.
Section 48: In criminal cases, previous bad character is irrelevant, except in reply or when bad character is itself a fact in issue. Previous conviction relevant as evidence of bad character. (Evidence of character/previous sexual experience not relevant in certain cases like rape).
Section 49: Character as affecting damages.
Section 50: Defines "Character" to include reputation and disposition.
PART III: ON PROOF
Chapter III: Facts Which Need Not Be Proved (Sections 51-53)
Section 51: Facts judicially noticeable need not be proved.
Section 52: List of facts of which Court must take judicial notice.
Section 53: Facts admitted need not be proved.
Chapter IV: Of Oral Evidence (Sections 54-55)
Section 54: Proof of facts by oral evidence (can be given electronically).
Section 55: Oral evidence must be direct (Hearsay rule).
Chapter V: Of Documentary Evidence (Sections 56-93)
Section 56: Proof of contents of documents (by primary or secondary evidence).
Section 57: Primary evidence (original document, including electronic records stored/recorded simultaneously).
Section 58: Secondary evidence (certified copies, copies made by mechanical process, counterparts, oral accounts of contents, admissions).
Section 59: Cases in which secondary evidence relating to documents may be given.
Section 60: Rules as to notice to produce.
Section 61: Proof of signature and handwriting.
Section 62: Proof of execution of document required by law to be attested.
Section 63: Admissibility of electronic or digital records (Requires certification under sub-section 4).
Section 64: Special provisions as to evidence relating to electronic records.
Section 65: Proof as to verification of digital signature.
Public Documents:
Sections 66-68: Definition and proof of public documents.
Presumptions as to Documents:
Sections 69-77: Proof of private documents.
Sections 78-93: Presumptions as to genuineness of certified copies, documents produced as record of evidence, Gazettes (including electronic), maps/plans by government authority, collections of laws, powers-of-attorney, electronic agreements/records/signatures/certificates, foreign judicial records, books/maps/charts, electronic messages, documents not produced, documents 30 years old, electronic records 5 years old.
Chapter VI: Of The Exclusion of Oral Evidence by Documentary Evidence (Sections 94-103)
Section 94: Evidence of terms of contracts, grants, etc., reduced to document form (Exclusion of oral evidence).
Section 95: Exclusion of evidence of oral agreement.
Sections 96-103: Exceptions and rules regarding ambiguity (patent/latent), application to existing facts, usage, etc.
PART IV: PRODUCTION AND EFFECT OF EVIDENCE
Chapter VII: Of The Burden of Proof (Sections 104-120)
Sections 104-105: Burden of proof and Onus of proof.
Sections 106-114: Burden of proving specific facts (e.g., fact especially within knowledge, proving death of person not heard of for 7 years, relationships, ownership, good faith).
Section 115: Presumption as to certain offences.
Section 116: Birth during marriage conclusive proof of legitimacy (unless non-access proved).
Section 117: Presumption as to abetment of suicide by a married woman.
Section 118: Presumption as to dowry death.
Section 119: Court may presume existence of certain facts (Presumption of facts).
Section 120: Presumption as to absence of consent in certain rape prosecutions.
Chapter VIII: Estoppel (Sections 121-123)
Section 121: Estoppel definition.
Section 122: Estoppel of tenant and licensee.
Section 123: Estoppel of acceptor of bill of exchange, bailee, or licensee.
Chapter IX: Of Witnesses (Sections 124-139)
Section 124: Who may testify.
Section 125: Dumb witnesses.
Section 126: Parties to civil suit and their spouses; spouse of person under criminal trial.
Section 127: Judges and Magistrates (privilege).
Section 128: Communications during marriage (privilege).
Section 129: Evidence as to affairs of State (privilege).
Section 130: Official communications (privilege).
Section 131: Information as to commission of offences (privilege).
Section 132: Professional communications (Legal privilege).
Section 133: Privilege not waived by volunteering evidence.
Sections 134-136: Production of title-deeds/electronic records of witness not a party; Production of documents another person could refuse.
Section 137: Witness not excused from answering incriminating questions (Proviso: answer cannot subject to arrest/prosecution except for perjury).
Section 138: Accomplice (competent witness, but conviction unsafe without corroboration).
Section 139: Number of witnesses required for proof.
Chapter X: Of Examination of Witnesses (Sections 140-168)
Section 140: Order of production and examination.
Section 141: Judge to decide admissibility.
Section 142: Examination-in-chief, Cross-examination, Re-examination.
Section 143: Order of examinations.
Sections 144-146: Cross-examination rules (including lawful questions).
Sections 147-149: Leading questions.
Section 150: Evidence as to matters in writing.
Sections 151-152: Cross-examination as to previous statements.
Section 153: Questions lawful in cross-examination.
Section 154: Court to decide when question shall be asked and when witness compelled to answer.
Section 155: Question not to be asked without reasonable grounds.
Section 156: Procedure of Court in case of question being asked without reasonable grounds.
Section 157: Indecent and scandalous questions.
Section 158: Questions intended to insult or annoy.
Section 159: Exclusion of evidence to contradict answers to questions testing veracity (Exceptions).
Section 160: Hostile witness (Question by party to his own witness).
Section 161: Impeaching credit of witness.
Section 162: Corroboration of evidence.
Section 163: Former statements of witness may be proved to corroborate later testimony.
Section 164: Matters which may be proved in connection with proved statement relevant under Section 26 or 27.
Section 165: Refreshing memory.
Section 166: Testimony to facts stated in document mentioned in Section 165.
Section 167: Right of adverse party as to writing used to refresh memory.
Section 168: Production of documents; Translation of documents.
Chapter XI: Of Improper Admission and Rejection of Evidence (Section 169)
Section 169: No new trial for improper admission or rejection of evidence if sufficient evidence remains.
Chapter XII: Repeal and Savings (Section 170)
Section 170: Repeals the Indian Evidence Act, 1872, and includes savings provisions.
Bharatiya Sakshya Adhiniyam, 2023 Exam Pattern
Duration : 120 Minutes
No.of Question : 100
Total Marks : 100
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