BSA Notes

Question 1. Relevancy of fact

Answer. Introduction
The law of evidence is based on the principle that only relevant facts should be considered
by the court. Under the Bharatiya Sakshya Adhiniyam, 2023, relevancy determines which
facts may be admitted as evidence in judicial proceedings. It ensures that courts focus only on
facts that have a logical connection with the matter in issue.
Relevancy acts as a filter to exclude unnecessary or misleading information and helps in the
proper administration of justice.
Meaning of Relevant Facts
A fact is said to be relevant when it is connected with another fact in any of the ways
recognized by the Act.
 Relevant facts are not the same as facts in issue, but they help in proving or
disproving them.
 The concept is mainly covered under Sections 4 to 50 of BSA, 2023 (similar to the
Indian Evidence Act framework).
Facts in Issue and Relevant Facts
 Facts in Issue: Facts that are directly in dispute between the parties.
 Relevant Facts: Facts that are connected to facts in issue and help establish their
existence.
Illustration:
A is accused of murdering B.
 Fact in issue: Whether A caused B’s death.
 Relevant fact: A was seen near the crime scene with a weapon.
4. Test of Relevancy
A fact is relevant if:
 It is logically connected with the fact in issue.
 It falls under any provision of BSA.
Thus, logical relevancy + legal admissibility = Relevant fact.
5. Kinds of Relevant Facts under BSA, 2023
(a) Facts forming part of the same transaction (Res Gestae)
Facts that are so connected with a fact in issue that they form part of the same transaction are
relevant.
Illustration:
A assaults B. People nearby hear B crying “A is beating me.” This statement is relevant.
Case Law:
R v. Foster (1834) – Statements made during the occurrence are admissible.
(b) Facts which are the occasion, cause, or effect
Facts that explain the cause or effect of the main fact are relevant.
Illustration:
A poisons B. B’s illness and medical report are relevant.
Case Law:
State of UP v. Deoman Upadhyaya (1960) – Circumstances leading to the act are relevant.
(c) Motive, Preparation, and Conduct
 Motive: Reason for committing an act
 Preparation: Steps taken before committing the act
 Conduct: Behavior before or after the incident
Illustration:
A buys poison before B’s death → shows preparation.
Case Law:
Nathuni Yadav v. State of Bihar (1998) – Motive strengthens prosecution but is not
essential.
(d) Statements and Admissions
Statements made by parties or persons connected to the case may be relevant.
 Includes Admissions and Confessions
Illustration:
A admits, “I killed B.” → relevant as admission.
Case Law:
Pakala Narayana Swami v. Emperor (1939) – Defined scope of admissions.
(e) Statements of Persons who cannot be called as Witness (Dying Declaration)
Statements made by a person who is dead or cannot testify are relevant.
Illustration:
B says before dying, “A stabbed me.”
Case Law:
Laxman v. State of Maharashtra (2002) – Dying declaration can be sole basis of
conviction.
(f) Opinion of Experts
Opinions of experts are relevant in technical matters.
Illustration:
Doctor’s opinion about cause of death.
Case Law:
State of H.P. v. Jai Lal (1999) – Expert opinion must be reliable.
(g) Character Evidence
Character is generally irrelevant, except in specific cases:
 Criminal cases (good or bad character)
 Defamation cases
Illustration:
A’s previous honesty may be relevant in certain defenses.
(h) Similar Facts (Doctrine of Similar Occurrences)
Facts showing a pattern or system are relevant.
Illustration:
A commits similar fraud in multiple cases.
Case Law:
Makin v. Attorney General (1894) – Similar fact evidence admissible to show pattern.
(i) Conspiracy
Acts and statements of co-conspirators are relevant.
Illustration:
A and B plan a crime; B’s actions are relevant against A.
Case Law:
Mirza Akbar v. King Emperor (1940) – Conspiracy evidence admissible.
Distinction between Relevancy and Admissibility

Basis Relevancy Admissibility

Meaning Logical connection Permitted by law

Scope Wider Narrower

Relation All admissible facts are relevant Not all relevant facts are admissible

Importance of Relevancy
 Ensures fair trial
 Prevents waste of court time
 Avoids prejudice and confusion
 Helps judges reach correct conclusions
Interpretation Clause

Section 3 defines key terms such as:

 Fact – Anything perceivable by senses or mental condition.

 Facts in issue – Facts directly in dispute.
 Relevant facts – Facts connected with facts in issue.

Illustration:
A is accused of murder.

 Fact in issue: Whether A killed B

 Relevant fact: A was seen with a weapon near the scene.

Importance:
This section forms the basis for understanding all other provisions.

Section 4 – Relevancy of Facts Forming Part of Same Transaction (Res Gestae)

Facts forming part of the same transaction are relevant, even if they occurred at different
times or places.

Illustration:
A beats B, and B immediately cries, “A is attacking me!” → relevant.

Case Law:
R v. Foster (1834) – Statements made during the act are admissible.

Section 5 – Facts Which Are Occasion, Cause or Effect

Facts explaining the cause or effect of a fact in issue are relevant.

Illustration:
A poisons B → B’s illness is relevant as effect.

Case Law:
State of UP v. Deoman Upadhyaya (1960) – Circumstances leading to the act are relevant.

Section 6 – Motive, Preparation and Previous or Subsequent Conduct

 Motive explains why the act was done

 Preparation shows steps taken
 Conduct indicates behavior before/after the act

Illustration:
A buys poison before B’s death → preparation.

Case Law:
Nathuni Yadav v. State of Bihar (1998) – Motive supports prosecution.
Section 7 – Facts Necessary to Explain or Introduce Relevant Facts

Facts that explain or introduce relevant facts are themselves relevant.

Illustration:
A letter containing coded language → explanation of code is relevant.

Section 8 – Things Said or Done by Conspirators

Acts and statements of co-conspirators are relevant against each other.

Illustration:
A and B plan robbery → B’s act is relevant against A.

Case Law:
Mirza Akbar v. King Emperor (1940) – Statements in conspiracy admissible

Section 9 – Facts Otherwise Irrelevant Becoming Relevant

Facts that are not otherwise relevant may become relevant if:

 They are inconsistent with facts in issue

 They make existence/non-existence of fact highly probable

Illustration:
A claims he was in Delhi → proof he was in Mumbai makes his claim improbable.

Section 10 – Facts Showing State of Mind or Body

Facts showing intention, knowledge, good faith, negligence, etc., are relevant.

Illustration:
A threatens B before killing → shows intention.

Case Law:
R v. Palmer (1995) – Prior conduct shows intention.

Section 11 – Facts Bearing on Question Whether Act Was Accidental or Intentional

Facts showing whether an act was accidental or intentional are relevant.

Illustration:
Repeated similar incidents suggest intention, not accident.

Section 12 – Facts Showing Existence of State of Mind or Body

Includes bodily feeling, mental condition, etc.

Illustration:
A’s medical condition is relevant in injury cases.

Section 13 – Facts Showing Existence of Custom or Right

Facts showing existence of custom or legal right are relevant.

Illustration:
Evidence of long usage of land → proves right.

Case Law:
Collector of Gorakhpur v. Ram Sundar (1934) – Custom must be ancient and certain.

Section 14 – Facts Showing State of Mind in Issue or Relevant

Facts showing intention, knowledge, good faith, negligence are relevant when such state of
mind is in issue.

Illustration:
A knowingly sells stolen goods → prior knowledge is relevant.

Case Law:
Emperor v. Abdullah (1917) – State of mind inferred from conduct.

Key Observations

 These sections establish logical and legal connections between facts

 They broaden the scope of admissible evidence
 They ensure fair and effective adjudication

Conclusion

Sections 3 to 14 of BSA, 2023 provide a comprehensive framework for determining

relevancy of facts. They include principles such as Res Gestae, motive, conduct,
conspiracy, and state of mind, which are essential in both civil and criminal cases. These
provisions help courts arrive at the truth by considering all logically connected facts while
excluding irrelevant ones, thus ensuring justice and judicial efficiency.

Question 2. Admission Provisions in BSA.

Answer. Introduction
Admissions are one of the most important forms of evidence in legal proceedings. Under the
Bharatiya Sakshya Adhiniyam, 2023, admissions act as substantive evidence and can be
used to establish facts in issue or relevant facts.
They are based on the principle that a person’s own statement against their interest is
likely to be true.
2. Meaning and Definition of Admission
An admission is a statement (oral, documentary, or electronic) which suggests an inference
as to any fact in issue or relevant fact.
 It may be made by a party, or by persons connected to the party.
 It is governed under Sections 15 to 23 of BSA, 2023 (parallel to Sections 17–23 of
the Indian Evidence Act).
3. Essential Elements of Admission
For a statement to qualify as an admission:
1. It must be a statement (oral, written, or electronic)
2. It must relate to a fact in issue or relevant fact
3. It must be made by a competent person
4. It must suggest an inference against the maker
4. Who Can Make Admissions (Section 16)
Admissions can be made by:
(a) Parties to the proceeding
Statements made by parties are relevant.
Illustration:
A admits in court that he borrowed money from B.
(b) Agents of the parties
Statements made by authorized agents are admissible.
Illustration:
A’s lawyer admits liability on behalf of A.
(c) Persons with proprietary or pecuniary interest
Persons having interest in the subject matter.
Illustration:
A co-owner admits ownership of another.
(d) Persons whose position must be proved
Statements of persons whose liability or position is relevant.
(e) Persons expressly referred by parties
If parties refer to a third person for information, their statement becomes relevant.
5. Admissions by Persons Whose Liability is in Issue (Section 17)
Statements by persons whose liability is in issue are relevant.
Illustration:
A sues B for negligence; B’s statement admitting carelessness is relevant.
6. Admissions by Conspirators (Section 18)
Statements made by conspirators during the course of conspiracy are admissible against all.
Illustration:
A and B plan robbery; B’s statement implicates A.
Case Law:
Mirza Akbar v. King Emperor (1940) – Conspirator statements admissible.
7. When Admissions Are Relevant (Section 19)
Admissions are relevant when they:
 Suggest inference about fact in issue
 Are made under circumstances that give them credibility
8. Admissions in Civil Cases (Section 20)
Admissions are generally relevant and can be proved against the maker.
Important Rule:
Admissions are not conclusive proof but may operate as estoppel.
Case Law:
Nagubai Ammal v. B. Shama Rao (1956) – Admissions are strong evidence but not
conclusive.
9. When Oral Admissions as to Contents of Documents Are Relevant (Section 21)
Oral admissions regarding documents are relevant only when:
 The document is lost or unavailable
 Genuineness is in question
Illustration:
A says he signed a contract → relevant if document is lost.
10. Admissions in Electronic Form
Under BSA, admissions include electronic records, such as:
 Emails
 Messages
 Digital signatures
This reflects modern legal developments.
11. When Admissions Are Not Relevant (Sections 22–23)
Admissions are not relevant in certain cases:
(a) Privileged Communications
 Between lawyer and client
(b) Without Prejudice Communications
Statements made during settlement negotiations are not admissible.
Illustration:
A offers settlement to B → cannot be used as admission.
Case Law:
Phipson on Evidence principle – Settlement discussions are protected.
12. Distinction Between Admission and Confession

Basis Admission Confession

Meaning General statement Admission of guilt

Scope Civil & Criminal Criminal only

Nature May not be conclusive Strong evidence

13. Evidentiary Value of Admissions

 Admissions are substantive evidence
 They can be used against the maker
 They are not conclusive but may create estoppel
Case Law:
Avadh Kishore Das v. Ram Gopal (1979) – Admissions are best evidence against maker.
14. Importance of Admissions
 Simplifies litigation
 Reduces burden of proof
 Helps courts reach quicker decisions
 Prevents unnecessary disputes
15. Conclusion
Admissions under the Bharatiya Sakshya Adhiniyam, 2023 play a crucial role in the law of
evidence. They act as strong, though not conclusive, proof of facts in issue. By clearly
defining who can make admissions and under what circumstances they are relevant or
irrelevant, the Act ensures fairness, efficiency, and reliability in judicial proceedings.
Question 3. Confession Provision in Bsa.
Answer. Introduction
Confession is a crucial concept in criminal law and evidence. Under the Bharatiya Sakshya
Adhiniyam, 2023, a confession is treated as a strong form of admission, where the accused
acknowledges guilt.
The law ensures that confessions are voluntary, reliable, and free from coercion, thereby
protecting the rights of the accused and ensuring fairness in trials.
2. Meaning of Confession
The term “confession” is not expressly defined in BSA, but it has been interpreted through
judicial decisions.
A confession is:
A statement made by an accused person admitting that he has committed an offence.
Case Law:
Pakala Narayana Swami v. Emperor (1939) – A confession must either admit guilt or
substantially all facts constituting the offence.
3. Nature and Scope of Confession
 It is a species of admission (but narrower in scope)
 Applicable only in criminal cases
 Must be made by the accused
 Must be voluntary and truthful
4. Types of Confession
(a) Judicial Confession
Confession made before a Magistrate or in court.
Illustration:
A confesses before a Magistrate under proper procedure.
Evidentiary Value:
 Highly reliable
 Can be sole basis of conviction if voluntary
(b) Extra-Judicial Confession
Confession made outside court (to a private person, friend, etc.)
Illustration:
A tells his friend that he committed murder.
Case Law:
State of UP v. M.K. Anthony (1985) – Extra-judicial confession can be relied upon if
credible.
5. Relevancy of Confession (Sections 24–30 BSA)
6. Section 24 – Confession Caused by Inducement, Threat or Promise
A confession is irrelevant if:
 It is caused by inducement, threat, or promise
 From a person in authority
 It gives the accused a reason to believe he will gain advantage or avoid harm
Illustration:
Police say, “Confess and you will be released.” → Confession is invalid.
Case Law:
State of Punjab v. Gurdeep Singh (1999) – Confession must be voluntary.
7. Section 25 – Confession to Police Officer
Confession made to a police officer is not admissible.
Reason:
To prevent coercion and abuse of power.
Case Law:
Aghnoo Nagesia v. State of Bihar (1966) – Police confessions are inadmissible.
8. Section 26 – Confession in Police Custody
Confession made while in police custody is not admissible, unless made before a Magistrate.
Illustration:
A confesses in lockup → not admissible.
9. Section 27 – Discovery of Facts (Exception)
If a confession leads to discovery of a fact, that part is admissible.
Illustration:
A says, “I hid the knife under the bed” → Knife recovered → statement is admissible.
Case Law:
Pulukuri Kottaya v. Emperor (1947) – Only the portion leading to discovery is admissible.
10. Section 28 – Confession After Removal of Threat
If inducement or threat is removed and confession is voluntary, it becomes relevant.
11. Section 29 – Confession Otherwise Relevant Not to Become Irrelevant
Confession is not irrelevant merely because:
 Made under promise of secrecy
  Made in drunken state
 Not warned that it may be used against him
12. Section 30 – Consideration of Confession of Co-Accused
Confession of a co-accused may be taken into consideration.
Illustration:
A and B are tried jointly; A confesses implicating B.
Case Law:
Kashmira Singh v. State of MP (1952) – Co-accused confession is weak evidence and
needs corroboration.
13. Distinction Between Admission and Confession

Basis Admission Confession

Scope Wider Narrow

Cases Civil & Criminal Criminal only

Nature May not imply guilt Direct admission of guilt

14. Evidentiary Value of Confession

 Judicial confession → strong evidence
 Extra-judicial confession → weaker, needs corroboration
 Co-accused confession → weakest
Courts require:
 Voluntariness
 Truthfulness
 Corroboration (in most cases)
15. Importance of Safeguards
The BSA provides safeguards to:
 Prevent false confessions
 Protect fundamental rights
 Ensure fair trial
16. Conclusion
Confession under the Bharatiya Sakshya Adhiniyam, 2023 is a powerful form of evidence
but is surrounded by strict safeguards to ensure voluntariness and reliability. Sections 24 to
30 carefully balance the interests of justice and protection of accused persons. A valid
confession can lead to conviction, but courts must scrutinize it with caution to prevent
misuse.

Question 4. Public and Private Document.

Answer. Introduction
Documents play a vital role in the law of evidence. Under the Bharatiya Sakshya
Adhiniyam, 2023, documents are classified into Public Documents and Private
Documents. This classification is important because it determines the mode of proof and
evidentiary value.
2. Meaning of Document
A document includes any matter expressed or described upon any substance by means of
letters, figures, or marks intended to record information.
 Includes electronic records such as emails, digital files, etc.
3. Public Documents (Sections 74–75 BSA)
(a) Definition
Public documents are:
1. Documents forming the acts or records of:
o Sovereign authority
o Official bodies and tribunals
o Public officers (legislative, judicial, executive)
2. Public records of private documents
(b) Examples of Public Documents
 Government notifications
 Court judgments and records
 Birth and death registers
 Government records
Illustration:
A certified copy of a court judgment is a public document.
(c) Characteristics of Public Documents
 Prepared by public authorities
 Available for public inspection
 Presumed to be genuine
  Can be proved by certified copies
(d) Mode of Proof (Sections 76–77)
 Public documents can be proved by certified copies
 No need to produce original document
Illustration:
A produces a certified copy of land record → admissible.
(e) Case Law
State of Bihar v. Radha Krishna Singh (1983)
Public documents carry a presumption of correctness unless disproved.
4. Private Documents (Section 75 BSA)
(a) Definition
All documents other than public documents are private documents.
(b) Examples of Private Documents
 Sale deeds
 Agreements
 Letters
 Personal emails
Illustration:
A agreement between A and B is a private document.
(c) Characteristics of Private Documents
 Created by individuals
 Not open for public inspection
 No presumption of authenticity
 Must be proved by primary or secondary evidence

(d) Mode of Proof

 By primary evidence (original document)
 By secondary evidence (copies, oral evidence, etc., in certain cases)
(e) Case Law
Roman Catholic Mission v. State of Madras (1966)
Private documents must be strictly proved.
5. Distinction Between Public and Private Documents
Basis Public Documents Private Documents

Definition Created by public authority Created by private persons

Access Open to public Not open

Proof Certified copies sufficient Original required

Presumption Presumed genuine No presumption

Examples Court records, Government documents Contracts, letters

6. Certified Copies of Public Documents

 Issued by authorized officer
 Must bear seal and signature
 Admissible without producing original
Importance:
Facilitates easy proof of official records.
7. Presumption as to Public Documents
Courts presume:
 Genuineness of certified copies
 Proper execution of official acts
However, this presumption is rebuttable.
8. Importance of Classification
 Simplifies proof of documents
 Saves time and effort
 Ensures reliability of official records
 Maintains judicial efficiency
9. Conclusion
The distinction between public and private documents under the Bharatiya Sakshya
Adhiniyam, 2023 is essential for determining the mode of proof and evidentiary value.
Public documents enjoy a presumption of authenticity and can be proved easily through
certified copies, whereas private documents require strict proof. This classification ensures
accuracy, convenience, and fairness in judicial proceedings.
Question 5. Statements made in special circumstances
Answer. Introduction
Under the Bharatiya Sakshya Adhiniyam, 2023, statements made by persons who cannot
be called as witnesses are admissible in certain special circumstances. These provisions are
an exception to the rule of hearsay, allowing such statements to be used as evidence when
direct testimony is not available.
These are mainly covered under Sections 26 to 39 of BSA, 2023 (corresponding to Sections
32–39 of the Indian Evidence Act).
2. General Principle
Ordinarily, hearsay evidence is not admissible, but statements made in special situations are
allowed because:
 The person is dead, missing, or incapable of giving evidence
 The statement has inherent reliability
3. Section 26 – Statements of Persons Who Cannot Be Called as Witnesses
Statements are relevant when the person:
 Is dead
 Cannot be found
 Is incapable of giving evidence
 Cannot be brought to court without unreasonable delay
4. Types of Statements in Special Circumstances
(a) Dying Declaration
A statement made by a person regarding the cause of his death.
Illustration:
B, before dying, says “A stabbed me.”
Evidentiary Value:
 Can be sole basis of conviction
 No need for corroboration if reliable
Case Law:
Laxman v. State of Maharashtra (2002) – Medical certification not always necessary.
(b) Statements Made in Course of Business
Entries made in books of account or business records are relevant.
Illustration:
Entries in account books showing money owed.
Case Law:
CBI v. V.C. Shukla (1998) – Entries alone are not sufficient without corroboration.
(c) Statements Against Interest
Statements that go against the financial or proprietary interest of the maker.
Illustration:
A admits he owes money to B.
(d) Statements as to Public Right or Custom
Statements regarding existence of public rights or customs.
Illustration:
Village elders stating usage of a pathway.
(e) Statements Relating to Family Affairs
Statements regarding:
 Relationship
 Marriage
 Birth
Illustration:
A family member states relationship between A and B.
(f) Statements in Documents Such as Wills or Deeds
Statements in legal documents relating to transactions are relevant.
(g) Statements Made in Previous Proceedings
Evidence given in earlier judicial proceedings is relevant if:
 Parties are the same
 Opportunity for cross-examination existed
Case Law:
V.M. Mathew v. State of Kerala (1978) – Prior testimony admissible under conditions.
5. Section 27–30 (Other Related Provisions)
(a) Statements in Maps, Charts, and Plans
Public maps or plans are relevant.
(b) Statements in Acts or Notifications
Government notifications are relevant.
(c) Statements of Law Books
Books of law or authoritative texts are relevant.
6. Importance of Dying Declaration (Special Focus)
 Based on maxim: “Nemo moriturus praesumitur mentire”
(A person about to die does not lie)
Case Law:
Kushal Rao v. State of Bombay (1958) – Dying declaration is reliable if voluntary.
7. Safeguards and Conditions
Courts ensure:
 Statement is voluntary
 Made without coercion
 Reliable and consistent
8. Distinction from Hearsay Evidence

Basis Hearsay Special Circumstances

Rule Not admissible Exception

Reason No direct knowledge Necessity and reliability

Value Weak Can be strong

9. Importance of These Provisions

 Ensures justice when witness unavailable
 Preserves important evidence
 Prevents failure of justice
10. Conclusion
Statements made in special circumstances under the Bharatiya Sakshya Adhiniyam, 2023
are a significant exception to the rule against hearsay. They allow courts to consider reliable
statements even when the maker cannot testify. Provisions such as dying declarations,
business records, and statements against interest ensure that justice is not denied due to
technical limitations, thereby promoting fairness and efficiency in the legal system.

Question 6. Judgment of courts when relevant

Answer. Introduction
Judgments of courts are important pieces of evidence in judicial proceedings. Under the
Bharatiya Sakshya Adhiniyam, 2023, certain judgments are relevant facts and may be
used to prove or disprove facts in issue.
However, not all judgments are relevant. The Act lays down specific conditions and
categories under which judgments become admissible.
2. General Principle
A judgment is relevant:
 When it relates to a matter in issue or relevant fact
 When it falls within the provisions of the Act
These provisions are mainly covered under Sections 34 to 38 of BSA, 2023 (similar to
Sections 40–44 of the Indian Evidence Act).
3. Section 34 – Previous Judgments Relevant to Bar a Second Suit (Res Judicata)
A previous judgment is relevant when it:
 Prevents the trial of a subsequent suit
 Operates as res judicata
Illustration:
A files a suit against B and loses. A cannot file the same suit again.
Case Law:
Satyadhyan Ghosal v. Deorajin Debi (1960) – Doctrine of res judicata prevents re-
litigation.
4. Section 35 – Relevancy of Certain Judgments in Probate, Matrimonial, Admiralty, or
Insolvency Jurisdiction
Judgments in these matters are called judgments in rem.
Meaning:
They are binding on the whole world, not just parties.
Examples:
 Probate of will
 Divorce decree
 Insolvency declaration
Illustration:
A court declares A insolvent → binding on all persons.
Case Law:
Surinder Kumar v. Gian Chand (1957) – Judgments in rem are conclusive.
5. Section 36 – Other Judgments Relevant but Not Conclusive
Judgments not covered under Section 35 are:
 Relevant
  But not conclusive proof
Illustration:
A criminal judgment may be relevant in a civil case, but not binding.
6. Section 37 – Judgments Irrelevant in Certain Cases
Judgments are irrelevant if:
 They do not relate to matters in issue
 They do not fall under Sections 34–36
Illustration:
A judgment in an unrelated case cannot be used as evidence.
7. Section 38 – Fraud or Collusion in Obtaining Judgment
Any party can show that:
 Judgment was obtained by fraud
 Or by collusion
Illustration:
A obtains judgment against B by hiding facts → can be challenged.
Case Law:
S.P. Chengalvaraya Naidu v. Jagannath (1994) – Fraud vitiates all judicial acts.
8. Types of Judgments
(a) Judgment in Rem
 Binding on all persons
 Conclusive proof
Examples:
Divorce, insolvency, probate
(b) Judgment in Personam
 Binding only on parties
 Not conclusive for others
9. Distinction Between Relevant and Conclusive Judgments

Basis Relevant Judgment Conclusive Judgment

Effect Can be considered Binding proof

Example Civil judgment Judgment in rem

Nature Persuasive Final

10. Importance of Judgments as Evidence
 Avoids multiplicity of litigation
 Ensures consistency in decisions
 Saves time and judicial resources
 Promotes finality of disputes
11. Conclusion
Under the Bharatiya Sakshya Adhiniyam, 2023, judgments of courts are relevant only in
specific circumstances. Provisions relating to res judicata, judgments in rem, and fraud
ensure that only reliable and legally valid judgments are considered. These rules maintain
judicial discipline, prevent misuse of court processes, and uphold justice.

Question 7. Opinion of third person when relevant

Answer. Introduction
As a general rule, opinions are not relevant in evidence because courts rely on facts, not
beliefs. However, the Bharatiya Sakshya Adhiniyam, 2023 makes an exception where the
opinions of third persons (experts or others) become relevant in certain cases.
These provisions are mainly covered under Sections 39 to 45 of BSA, 2023 (corresponding
to Sections 45–51 of the Indian Evidence Act).
2. General Rule and Exception
 General Rule: Opinion of a third person is irrelevant
 Exception: It becomes relevant when the court needs special knowledge, skill, or
experience
3. Section 39 – Opinions of Experts
When the court has to form an opinion on matters of:
 Science
 Art
 Foreign law
 Identity of handwriting or fingerprints
The opinions of experts are relevant.
Who is an Expert?
A person specially skilled in a particular field.
Illustration:
Doctor’s opinion about cause of death.
Case Law:
State of H.P. v. Jai Lal (1999) – Expert must be competent and reliable.
4. Section 40 – Facts Bearing Upon Opinions of Experts
Facts supporting or contradicting expert opinion are also relevant.
Illustration:
Medical reports supporting doctor’s opinion.
5. Section 41 – Opinion as to Handwriting
Opinion of a person acquainted with handwriting is relevant.
Illustration:
A’s clerk recognizes A’s signature.
Case Law:
Ram Narain v. State of UP (1973) – Handwriting identification admissible.
6. Section 42 – Opinion as to Electronic Signature
Opinion regarding authenticity of electronic signatures is relevant.
Illustration:
Digital signature verified by expert.
7. Section 43 – Opinion as to Existence of Custom or Right
Opinion regarding customs or rights is relevant if:
 It is based on long usage
 Given by persons having special knowledge
Illustration:
Village elder testifies about customary right of way.
8. Section 44 – Opinion as to Relationship
Opinion regarding relationship is relevant when:
 It is expressed by conduct
 Person has special knowledge
Illustration:
Family member treating A as son → relevant.
Case Law:
Dolgobinda Paricha v. Nimai Charan (1959) – Conduct-based opinion admissible.
9. Section 45 – Grounds of Opinion
The grounds on which an expert forms an opinion are also relevant.
Illustration:
Doctor explains medical reasons for opinion.
10. Types of Third Person Opinions
(a) Expert Opinion
 Based on technical knowledge
 Strong evidentiary value
(b) Non-Expert Opinion
 Based on familiarity or experience
 Limited evidentiary value
11. Evidentiary Value of Expert Opinion
 Not conclusive proof
 Advisory in nature
 Court may accept or reject it
Case Law:
Ramesh Chandra Agrawal v. Regency Hospital Ltd. (2009) – Expert opinion is only
advisory.
12. Importance of Expert Evidence
 Assists court in technical matters
 Helps in scientific investigation
 Improves accuracy of decisions
13. Distinction Between Fact and Opinion

Basis Fact Opinion

Meaning Actual occurrence Belief or inference

Admissibility Always relevant Only in special cases

Value Strong Advisory

14. Limitations of Opinion Evidence

 May be biased
 Depends on expertise
 Not binding on court
15. Conclusion
The provisions relating to opinion of third persons under the Bharatiya Sakshya
Adhiniyam, 2023 provide an important exception to the general rule excluding opinions. By
allowing expert and certain non-expert opinions in matters of science, handwriting,
customs, and relationships, the Act ensures that courts are assisted by specialized
knowledge. However, such opinions remain advisory in nature, and the final decision
always rests with the court.

Question 8. Oral and documentary evidence

Answer. Introduction
Evidence is the backbone of judicial decision-making. Under the Bharatiya Sakshya
Adhiniyam, 2023, evidence is broadly classified into:
 Oral Evidence
 Documentary Evidence
Both forms are essential for proving facts in issue and relevant facts in courts.
2. Meaning of Evidence
Evidence includes:
1. Oral statements made by witnesses before the court
2. Documents and electronic records produced for inspection
PART I – ORAL EVIDENCE
3. Meaning of Oral Evidence
Oral evidence refers to statements made by witnesses in court regarding facts they have
personally seen, heard, or perceived.
4. Section 54 – Proof of Facts by Oral Evidence
All facts, except the contents of documents, may be proved by oral evidence.
Illustration:
A witness says he saw A stabbing B → admissible.
5. Section 55 – Oral Evidence Must Be Direct
Oral evidence must be direct, i.e.:
 If seen → must be by a person who saw it
 If heard → must be by a person who heard it
This rule excludes hearsay evidence.
Illustration:
A says, “B told me C committed murder” → not admissible (hearsay).
Case Law:
Subramaniam v. Public Prosecutor (1956) – Hearsay is generally inadmissible.
6. Exceptions to Hearsay Rule
Certain exceptions allow indirect statements:
 Dying declaration
 Statements in special circumstances
 Admissions and confessions
7. Importance of Oral Evidence
 Provides first-hand information
 Helps in cross-examination
 Assists court in assessing credibility
PART II – DOCUMENTARY EVIDENCE
8. Meaning of Documentary Evidence
Documentary evidence includes:
 Written documents
 Printed material
 Electronic records (emails, digital files, etc.)
9. Section 56 – Proof of Contents of Documents
Contents of documents must be proved by:
 Primary evidence or
 Secondary evidence
10. Primary Evidence (Section 57)
Primary evidence means the original document itself.
Illustration:
Original contract produced in court.
Case Law:
State of Bihar v. Radha Krishna Singh (1983) – Primary evidence is the best evidence.
11. Secondary Evidence (Section 58)
Secondary evidence includes:
 Certified copies
 Photocopies
 Oral accounts of contents
When Admissible:
  Original is lost
 Original is in possession of opposite party
 Original cannot be produced
Illustration:
A produces photocopy of a lost agreement.
12. Section 59–60 – Cases Where Secondary Evidence Is Allowed
Secondary evidence is admissible only under specific conditions provided by law.
Case Law:
H. Siddiqui v. A. Ramalingam (2011) – Secondary evidence must meet strict conditions.
13. Electronic Evidence
Under BSA, electronic records are recognized as documentary evidence.
Examples:
 Emails
 WhatsApp messages
 Digital contracts
These require proper certification.
14. Distinction Between Oral and Documentary Evidence

Basis Oral Evidence Documentary Evidence

Form Spoken words Written/recorded

Nature Temporary Permanent

Proof Direct testimony Documents

Reliability Less reliable More reliable

Example Witness statement Contract

15. Which Evidence Prevails?

 Documentary evidence generally prevails over oral evidence
 Oral evidence cannot contradict written documents
Case Law:
Roop Kumar v. Mohan Thedani (2003) – Written evidence prevails over oral testimony.
16. Importance of Documentary Evidence
 Provides permanent record
  Reduces chances of false statements
 Ensures accuracy and reliability
17. Conclusion
Under the Bharatiya Sakshya Adhiniyam, 2023, both oral and documentary evidence play a
vital role in proving facts. Oral evidence provides direct testimony, while documentary
evidence offers permanent and reliable proof. The law gives preference to documentary
evidence due to its certainty, but both forms complement each other to ensure fair and just
decisions.

Question 9. Burden of proof

Answer. Introduction
The concept of burden of proof is fundamental in the law of evidence. It determines which
party must prove a fact in court. Under the Bharatiya Sakshya Adhiniyam, 2023, burden
of proof ensures that justice is delivered by requiring parties to establish their claims with
evidence.
These provisions are mainly covered under Sections 104 to 112 of BSA, 2023
(corresponding to Sections 101–114A of the Indian Evidence Act).
2. Meaning of Burden of Proof
Burden of proof means:
The obligation of a party to prove a fact in issue or relevant fact.
If a party fails to discharge this burden, the court will decide against that party.
3. Section 104 – Burden of Proof
The burden of proof lies on the person who asserts a fact.
Illustration:
A claims that B owes him ₹10,000 → A must prove it.
4. Section 105 – On Whom Burden Lies
The burden lies on the person who would fail if no evidence is given.
Illustration:
If both parties remain silent, the party making the claim loses.
5. Section 106 – Burden as to Particular Fact
When a fact is especially within the knowledge of a person, the burden lies on that person.
Illustration:
A is accused of travelling without ticket → A must prove he had a ticket.
Case Law:
Shambhu Nath Mehra v. State of Ajmer (1956) – Applies only to facts within special
knowledge.
6. Section 107 – Burden of Proving Death of Person Known to Be Alive
If a person was alive within the last 30 years, burden lies on the person who claims he is
dead.
7. Section 108 – Burden of Proving That Person is Alive Who Has Not Been Heard Of
If a person has not been heard of for 7 years, burden shifts to the person who claims he is
alive.
Case Law:
LIC of India v. Anuradha (2004) – Presumption of death arises after 7 years.
8. Section 109 – Burden of Proof as to Relationship
When existence of relationship is in question, the burden lies on the person asserting it.
9. Section 110 – Burden of Proof as to Ownership
Possession implies ownership unless proven otherwise.
Illustration:
A is in possession of land → presumed owner.
10. Section 111 – Proof of Good Faith in Transactions
When a transaction involves good faith (e.g., fiduciary relationship), burden lies on the
person claiming good faith.
Illustration:
Trustee must prove good faith dealings.
11. Section 112 – Birth During Marriage (Legitimacy)
A child born during marriage is presumed legitimate unless proven otherwise.
Case Law:
Kamti Devi v. Poshi Ram (2001) – Strong presumption of legitimacy.
12. Types of Burden of Proof
(a) Legal Burden
 Fixed by law
 Remains constant
(b) Evidential Burden
 Shifts during trial
 Based on evidence presented
13. Shifting of Burden of Proof
The burden may shift:
 From plaintiff to defendant
 Depending on evidence
Illustration:
A proves debt → burden shifts to B to deny it.
14. Standard of Proof
 Civil cases: Preponderance of probabilities
 Criminal cases: Beyond reasonable doubt
15. Presumptions and Burden of Proof
Presumptions affect burden:
 May presume
 Shall presume
 Conclusive proof
16. Importance of Burden of Proof
 Ensures fair trial
 Prevents false claims
 Helps court reach correct decision
 Maintains judicial discipline
17. Conclusion
The concept of burden of proof under the Bharatiya Sakshya Adhiniyam, 2023 is
essential for determining responsibility in proving facts. By clearly allocating and shifting the
burden, the law ensures that parties present credible evidence, thereby promoting justice,
fairness, and efficiency in judicial proceedings.

Question 10. Estoppel in BSA.

Answer. Introduction
The doctrine of estoppel is an important rule of evidence which prevents a person from
denying a fact which he has previously asserted or represented. Under the Bharatiya
Sakshya Adhiniyam, 2023, estoppel ensures consistency, fairness, and justice in legal
proceedings.
It is based on the principle:
“A person cannot approbate and reprobate” (cannot accept and reject the same thing).
2. Meaning of Estoppel
Estoppel means:
When one person has, by his declaration, act, or omission, intentionally caused another to
believe something to be true and to act upon such belief, he cannot later deny the truth of that
thing.
3. Statutory Provisions (BSA, 2023)
Estoppel is covered under Sections 121 to 123 of BSA, 2023 (similar to Sections 115–117 of
the Indian Evidence Act):
 Section 121 – Estoppel (General rule)
 Section 122 – Estoppel of tenant and licensee
 Section 123 – Estoppel of acceptor of bill of exchange, bailee, or licensee
4. Essential Elements of Estoppel
For estoppel to apply:
1. Representation by one person
2. Reliance by another person
3. Change of position based on that reliance
4. Representation must be true and intentional
5. Section 121 – General Rule of Estoppel
A person who has made a representation cannot deny its truth in a suit between himself and
the person who relied on it.
Illustration:
A tells B that a land belongs to him, and B buys it → A cannot later deny ownership.
Case Law:
Pickard v. Sears (1837) – Foundation of estoppel doctrine.
6. Section 122 – Estoppel of Tenant and Licensee
 A tenant cannot deny the title of the landlord during tenancy
 A licensee cannot deny the title of the licensor
Illustration:
A rents house from B → A cannot later claim B is not the owner.
Case Law:
Bilas Kunwar v. Desraj Ranjit Singh (1915) – Tenant estopped from denying landlord’s
title.
7. Section 123 – Estoppel of Acceptor, Bailee, or Licensee
 Acceptor of bill cannot deny drawer’s authority
 Bailee cannot deny bailor’s authority
Illustration:
A borrows goods from B → A cannot deny B’s ownership.
8. Types of Estoppel
(a) Estoppel by Representation
Based on statements or conduct.
(b) Estoppel by Conduct
Arises from behavior or actions.
(c) Promissory Estoppel
A promise intended to create legal relations is binding even without consideration.
Case Law:
Motilal Padampat Sugar Mills v. State of UP (1979) – Promissory estoppel recognized.
9. Estoppel vs Res Judicata

Basis Estoppel Res Judicata

Nature Rule of evidence Rule of procedure

Scope Between parties Between courts

Effect Prevents denial Prevents re-litigation

10. Exceptions to Estoppel

Estoppel does not apply:
 Against statute or law
 In case of fraud or misrepresentation
 Where there is mistake
 Against minors
11. Estoppel vs Admission

Basis Estoppel Admission

Nature Binding rule Evidence

Effect Prevents denial Can be explained

Scope Narrow Wider

12. Importance of Estoppel

  Ensures consistency in statements
 Prevents fraud and injustice
 Protects reliance of parties
 Promotes fair dealings
13. Conclusion
The doctrine of estoppel under the Bharatiya Sakshya Adhiniyam, 2023 is a vital
principle ensuring that a person cannot go back on their words when another has relied upon
them. By preventing contradictory positions, estoppel promotes fairness, honesty, and
justice in legal proceedings.

Question 11. Witness Examination in Criminal Trial

Answer. Introduction
Witness examination is a crucial stage in a criminal trial. It is the process through which facts
are brought before the court by examining witnesses under oath. Under the Bharatiya
Sakshya Adhiniyam, 2023 (BSA) and procedural law (CrPC/BNSS), rules regarding
examination ensure fair trial, truth discovery, and justice.
2. Meaning of Witness
A witness is a person who gives evidence before the court regarding facts in issue or relevant
facts.
 May be eye-witness, expert witness, or formal witness
 Must be competent and capable of understanding questions
3. Competency of Witnesses
Under BSA:
 Every person is competent unless:
o Unable to understand questions
o Unable to give rational answers
Illustration:
A child who understands questions can be a competent witness.
Case Law:
Rameshwar v. State of Rajasthan (1952) – Child witness is admissible if reliable.
4. Types of Witnesses
 Eye Witness – Directly saw the incident
 Expert Witness – Provides technical opinion
 Hostile Witness – Turns against the party
  Interested Witness – Has personal interest
5. Order of Examination (Sections 137–138 Principle)
Witness examination is conducted in three stages:
(a) Examination-in-Chief
 Conducted by the party who calls the witness
 Objective: To present facts favorable to that party
 Leading questions are not allowed
Illustration:
Prosecution asks witness to narrate what he saw.
(b) Cross-Examination
 Conducted by opposite party
 Objective: To test truthfulness and credibility
 Leading questions are allowed
Importance:
 Exposes contradictions
 Tests accuracy
Case Law:
State of Kerala v. K.T. Shaduli (1977) – Cross-examination is a valuable right.
(c) Re-Examination
 Conducted by the party who called the witness
 Objective: To clarify doubts raised in cross-examination
6. Leading Questions
 Questions suggesting the answer
 Allowed in cross-examination
 Not allowed in examination-in-chief unless permitted
7. Hostile Witness
A witness who:
 Gives adverse testimony
 Contradicts earlier statement
Court may permit cross-examination by the party calling him.
Case Law:
Sat Paul v. Delhi Administration (1976) – Hostile witness evidence is not completely
rejected.
8. Impeaching Credit of Witness
A witness’s credibility can be challenged by:
 Proof of prior inconsistent statements
 Evidence of bad character
 Bias or interest
9. Refreshing Memory
A witness may:
 Refer to documents
 Recall facts more accurately
10. Examination of Accused
Accused may be examined:
 Under procedural law (e.g., questioning by court)
 Not bound to be a witness against himself
11. Protection of Witnesses
Modern law emphasizes:
 Witness protection schemes
 Prevention of intimidation
 Fair opportunity to testify
12. Importance of Cross-Examination
 Essential for fair trial
 Helps discover truth
 Ensures natural justice
13. Rules Regarding Examination
 Questions must be relevant
 No indecent or scandalous questions unless necessary
 Court has power to control proceedings
14. Evidentiary Value of Witness Testimony
 Reliable witness → strong evidence
  Single witness sufficient if credible
Case Law:
Vadivelu Thevar v. State of Madras (1957) – Conviction can be based on single witness.
15. Conclusion
Witness examination in a criminal trial is the backbone of the justice system. Through
examination-in-chief, cross-examination, and re-examination, courts evaluate the
truthfulness of witnesses. The provisions under the Bharatiya Sakshya Adhiniyam, 2023
ensure fairness, transparency, and reliability in evidence, thereby safeguarding the rights of
both accused and victims.

Question 12. Define May Presumption, Shall Presumption and Conclusive Proof.
Answer. Introduction
Presumptions are rules of evidence that allow courts to draw certain inferences from facts.
Under the Bharatiya Sakshya Adhiniyam, 2023, presumptions help in shifting the burden
of proof and facilitate speedy justice.
They are mainly defined under the interpretation clause (Section 2) and applied throughout
the Act.
2. Meaning of Presumption
A presumption is:
An inference drawn by the court regarding the existence of a fact based on certain known
facts.
3. Types of Presumptions
(A) May Presume
Definition
When the Act says the court “may presume”, it means:
 The court has discretion
 It may either presume the fact or not
 It may call for proof
Explanation
The court is not bound to draw the presumption. It depends on:
 Circumstances of the case
 Strength of evidence
Illustration
If a person is found in possession of stolen goods soon after theft, the court may presume he
is the thief.
Case Law
State of Rajasthan v. Kashi Ram (2006) – Presumption depends on facts and
circumstances.
(B) Shall Presume
Definition
When the Act says the court “shall presume”, it means:
 The court is bound to presume the fact
 Unless it is disproved by the opposite party
Explanation
 It is a rebuttable presumption
 Burden shifts to the other party to prove otherwise
Illustration
A letter properly addressed and posted → court shall presume it was delivered.
Case Law
Hiten P. Dalal v. Bratindranath Banerjee (2001) – “Shall presume” makes presumption
mandatory but rebuttable.
(C) Conclusive Proof
Definition
When one fact is declared as conclusive proof of another:
 The court must accept it as final
 No evidence is allowed to disprove it
Explanation
 It is an irrebuttable presumption
 Opposite party cannot challenge it
Illustration
A child born during a valid marriage is conclusively presumed legitimate (subject to statutory
exceptions).
Case Law
Kamti Devi v. Poshi Ram (2001) – Strong presumption of legitimacy.
4. Distinction Between May Presume, Shall Presume and Conclusive Proof
Basis May Presume Shall Presume Conclusive Proof

Nature Discretionary Mandatory Absolute

Burden of Does not shift

Shifts to opposite party No burden (final)
Proof automatically

Rebuttable Yes Yes No

Must accept unless Must accept as

Court’s Role May accept or reject
disproved final

5. Importance of Presumptions
 Simplifies proof of facts
 Saves time of court
 Helps in burden shifting
 Ensures efficiency in trials
6. Conclusion
The concepts of “may presume,” “shall presume,” and “conclusive proof” under the
Bharatiya Sakshya Adhiniyam, 2023 are essential tools for courts in evaluating evidence.
While “may presume” gives discretion, “shall presume” imposes a mandatory but
rebuttable inference, and “conclusive proof” establishes finality. Together, they ensure a
balance between judicial flexibility and certainty in the administration of justice.