**FACTS IN ISSUE, RELEVANT FACTS & DOCUMENTARY EVIDENCE

1. Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) has replaced the Indian Evidence Act, 1872 after 151 years. The Act retains the classical principles of relevance and proof while modernizing evidence law to suit digital realities.
The doctrines of Facts in Issue, Relevant Facts, and Documentary Evidence form the foundation of evidentiary rulings and are now codified with updated section numbers under the new Act.

BSA 2023 is divided into 5 Chapters and 170 Sections, and the provisions relevant to this answer fall primarily in Chapter II (Relevancy of Facts) and Chapter IV (Documentary Evidence).

2. FACTS IN ISSUE

(Section 2(1)(n), Chapter I – Preliminary)

2.1 Meaning

Under Section 2(1)(n) of BSA, 2023, facts in issue mean the facts which, either by themselves or in connection with other facts, determine the existence, non-existence, nature, or extent of any right, liability, or disability asserted or denied in any proceeding.

In simpler terms, these are the main disputed facts that the parties must prove or disprove.

2.2 Characteristics

1. Directly in dispute between the parties.

2. Material and affect the final decision.

3. Arise from the pleadings (civil cases) or charge (criminal cases).

4. Must be strictly proved by the party who asserts them.

2.3 Example

If A is charged with the murder of B, facts in issue include:

· Whether B is dead,

· Whether the death was caused by A,

· Whether A had the intention or knowledge,

· Whether A acted in self-defence.

2.4 Case Laws

· Hanumant Govind v. State of M.P. – Facts in issue must be proved beyond reasonable doubt.

· Krishna Gopal v. State of U.P. – Evidence must point unerringly towards guilt.

3. RELEVANT FACTS

(Chapter II – Relevancy of Facts, Sections 3 to 50 of BSA 2023)

3.1 Meaning

Relevant facts are those facts which are not themselves in issue but are so connected with the facts in issue that they make their existence more or less probable.

Relevancy is logical as well as legal, because relevance is determined by statute.

3.2 Statutory Categories of Relevancy (Sections 3–50)

The important categories of relevant facts under Chapter II include:

A. Motive, Preparation & Conduct – Section 6

Anything showing motive, preparation, or conduct (previous or subsequent) is relevant.

Example: A’s threat to B a day before the murder.

B. Facts Forming Part of the Same Transaction – Section 8

This covers res gestae — spontaneous or contemporaneous facts forming the same transaction.

C. Conspiracy – Section 10

Acts and statements of co-conspirators during the continuance of conspiracy are relevant.

D. Admissions (Sections 15–20)

Statements made by a party, or persons connected with them, acknowledging a fact are relevant.

E. Confessions (Sections 21–30)

Confessions made freely and voluntarily are relevant.
Confessions to police (without safeguards) are not admissible.

F. Statements of Dead Persons (Section 26)

Equivalent to former Section 32 IEA – dying declarations, statements in ordinary course of business, etc.

G. Character Evidence (Sections 34–35)

Character is relevant only in specific cases—criminal proceedings, defamation, or when it affects damages.

H. Expert Opinions (Sections 43–44)

Opinions of experts on handwriting, fingerprints, DNA, foreign law, etc. are relevant.

I. Facts showing State of Mind (Section 13)

Intention, knowledge, good faith, ill-will, motive etc. become relevant.

4. Distinction Between Facts in Issue & Relevant Facts

Facts in Issue	Relevant Facts
Defined under Section 2(1)(n)	Covered in Sections 3–50
Directly in dispute	Not directly in dispute
Must be proved by parties	Only support the proof
Arise from charge/pleadings	Arise from statute

5. DOCUMENTARY EVIDENCE

(Chapter IV – Sections 57 to 90 of BSA 2023)

5.1 Meaning

Documentary evidence includes all documents produced before the court for inspection, including electronic records.
The BSA explicitly broadens the definition to include digital, electronic and cloud-based records.

6. TYPES OF DOCUMENTARY EVIDENCE UNDER BSA, 2023

A. Primary Evidence – Section 57

The original document itself is primary evidence.
Examples:

· Original contract,

· Original sale deed,

· Original digital file,

· Original CCTV footage.

Primary evidence must be produced unless exceptions apply.

B. Secondary Evidence – Section 58

Secondary evidence includes:

· Certified copies,

· Photocopies,

· Electronic reproductions,

· Oral accounts of contents.

Allowed only where primary evidence is unavailable due to loss, destruction, or possession by the opposite party.

7. ELECTRONIC EVIDENCE UNDER BSA 2023

The most significant reform is in electronic evidence, covered mainly under:

· Section 2(1)(e) – Definition of electronic record

· Sections 61–63 – Admissibility of electronic evidence

· Section 63 – Certificate requirement (equivalent to old Section 65B)

Key Features

1. Electronic evidence is given full legal recognition.

2. The certificate requirement remains essential for admissibility.

3. Covers computers, mobile phones, CCTV, GPS, cloud data, social media posts, emails, etc.

4. Chain-of-custody and authenticity are emphasized.

Relevant Case Laws (still applicable)

· Anvar P.V. v. P.K. Basheer – Certificate mandatory.

· Arjun Panditrao Khotkar v. Kailash Kushanrao – Clarified exceptions when certificate not available.

8. Importance of Documentary Evidence

1. Provides accuracy and certainty.

2. Less prone to manipulation than oral evidence.

3. Crucial in commercial, civil, property, and cybercrime matters.

4. Facilitates quick verification of facts in issue.

9. Inter-relationship of Concepts

· Facts in Issue form the core of the dispute.

· Relevant Facts are the circumstantial, supporting or explanatory facts.

· Documentary Evidence provides objective proof of both.

Together, they enable the court to apply judicial reasoning fairly and scientifically.

10. Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 modernizes the law of evidence by redefining and reorganizing fundamental principles.
Facts in Issue (Section 2(1)(n)), Relevant Facts (Chapter II, Sections 3–50) and Documentary Evidence (Chapter IV, Sections 57–90) form the backbone of proving or disproving any case.
By harmonizing traditional principles with contemporary digital realities, the BSA 2023 ensures a more reliable, technologically aligned and justice-oriented system of evidentiary governance.

**EVIDENCE: PROVED, DISPROVED & NOT PROVED

1. Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) replaces the Indian Evidence Act, 1872 and reorganizes the rules relating to the assessment of evidence. One of the most important foundational concepts under the BSA is the classification of the judicial status of facts into:

1. Proved

2. Disproved

3. Not Proved

These terms appear in Chapter I – Preliminary, and are essential in determining whether a party has discharged its burden of proof in a proceeding.
Their correct understanding influences how courts deliver findings of fact, evaluate evidence, and apply standards of proof.

2. “Proved” – Section 2(1)(q), Chapter I (BSA 2023)

2.1 Statutory Definition

Under Section 2(1)(q) of the BSA 2023:

A fact is said to be proved when, after considering the matters before it, the Court believes it to exist,
OR
considers its existence so probable that a prudent person would act on the supposition that it exists.

2.2 Key Elements

1. Judicial Belief or Probabilistic Satisfaction:
The court may either:

o firmly believe the fact exists, or

o feel it is so likely that a reasonable person would proceed on that basis.

2. Based on evidence and material placed before the Court.

3. Standard of proof varies:

o Criminal cases: Beyond reasonable doubt.

o Civil cases: Preponderance of probabilities.

2.3 Illustration

In a theft case, if CCTV footage and eyewitness testimony convincingly show A removing B’s purse, the fact that “A committed theft” is proved.

2.4 Case Law

· State of U.P. v. Krishna Gopal – Proof means moral certainty beyond reasonable doubt in criminal cases.

· K. Gopal Reddy v. State of A.P. – Proof must be consistent with guilt and inconsistent with innocence.

3. “Disproved” – Section 2(1)(j), Chapter I (BSA 2023)

3.1 Statutory Definition

Under Section 2(1)(j):
A fact is disproved when, after considering the matters before it, the Court believes that it does not exist,
OR
considers its non-existence so probable that a prudent person would act on the supposition that it does not exist.

3.2 Key Elements

1. Court forms a firm opinion that the alleged fact is false, or

2. It is highly improbable to the prudent mind.

3. Evidence clearly negates the claim.

3.3 Illustration

A claims he was in Delhi on the day of the murder.
Prosecution proves with airline data, CCTV and phone location that A was in Mumbai that day.
Thus, A’s alibi is disproved.

3.4 Case Law

· Sharad Birdhichand Sarda v. State of Maharashtra – False defence can be treated as disproved facts and may strengthen prosecution case.

4. “Not Proved” – Section 2(1)(r), Chapter I (BSA 2023)

4.1 Statutory Definition

Under Section 2(1)(r):
A fact is not proved when it is neither proved nor disproved.

This is a neutral category, indicating absence of satisfactory evidence either way.

4.2 Key Elements

1. Evidence is insufficient.

2. Neither party establishes a convincing case.

3. The court remains uncertain about the fact.

4.3 Illustration

A alleges that B threatened him on phone.
There is no call recording, no witness, no call details supporting the claim.
B denies the allegation.
Thus, the alleged threat remains Not Proved.

4.4 Case Law

· Vijayee Singh v. State of U.P. – Benefit of doubt arises when facts remain not proved.

· Kali Ram v. State of H.P. – If a fact is not proved in criminal cases, the accused gets the benefit of doubt.

5. Distinction Between Proved, Disproved & Not Proved

Criteria	Proved	Disproved	Not Proved
Basis	Existence is believed or highly probable	Non-existence is believed or highly probable	No belief either way
Effect	Fact accepted as true	Fact accepted as false	Fact ignored; neutral
Evidentiary Value	Strong	Strong (negative)	Weak
Impact on Burden of Proof	Helps party fulfilling burden	Helps opposite party	Does not help either party

6. Relationship with Burden of Proof (Sections 104–114 BSA 2023)

The classification directly impacts the success of a case:

If a party proves a fact → burden discharged.

If a party’s fact is disproved → burden fails.

If a party’s fact is not proved → burden remains unmet → case fails.

Thus, in criminal cases, if prosecution evidence leaves essential ingredients “not proved,” the accused must be acquitted.

7. Importance of These Concepts

1. Judicial Determination: Judges rely on these standards to reach factual findings.

2. Logical and legal reasoning: Helps in separating reliable facts from unreliable ones.

3. Ensures fairness: No party can succeed without meeting the legal threshold of proof.

4. Foundation for conviction/acquittal: Especially significant in criminal law.

5. Guides evaluation of circumstantial evidence and inferences.

8. Conclusion

The Bharatiya Sakshya Adhiniyam, 2023 retains the classical framework of “proved,” “disproved,” and “not proved,” placing them in Sections 2(1)(q), 2(1)(j), and 2(1)(r) respectively under Chapter I.
These concepts are vital for determining the truth of disputed facts and form the cornerstone of evidentiary evaluation in Indian courts.

A proper understanding of these terms allows courts to uphold justice by distinguishing between certainty, falsity, and uncertainty in the facts presented.

**MAY PRESUME, SHALL PRESUME, AND CONCLUSIVE PROOF

1. Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) provides a structured framework for presumptions and conclusive proof, codified in Chapter III – Presumptions (Sections 51–56) and Chapter I – Preliminary (Sections 2(1)(s–v)).

Presumptions allow courts to draw inferences from certain facts, while conclusive proof fixes the truth irrespective of evidence to the contrary.

The three types recognized under BSA 2023 are:

1. May presume (discretionary presumption)

2. Shall presume (mandatory presumption)

3. Conclusive proof (irrebuttable presumption)

2. MAY PRESUME – Section 51, Chapter III

2.1 Meaning

Under Section 51, the court may presume a fact to be true, unless it is disproved by evidence to the contrary.

· The presumption is discretionary: the court may draw the inference but is not obliged to.

· The party can rebut it with evidence.

2.2 Key Features

1. Discretionary, not mandatory.

2. Evidence can contradict the presumption.

3. Usually arises from common experience, ordinary course of events, or human conduct.

2.3 Illustration

· A party was in possession of stolen goods shortly after theft.
Court may presume that the party is the thief, unless the party provides an explanation.

3. SHALL PRESUME – Section 52, Chapter III

3.1 Meaning

Under Section 52, the court shall presume a fact to be true, unless contrary is proved.

· It creates a mandatory presumption.

· The presumption is rebuttable; evidence can disprove it.

3.2 Key Features

1. Presumption must be applied by the court.

2. Rebuttable by sufficient evidence.

3. Usually arises from statutory provisions.

3.3 Illustration

· Section 52(1): Court shall presume that letters or messages purporting to be signed by a person were indeed signed by that person unless disproved.

· Example: Document appears to be a valid will. Court shall presume its validity until contrary evidence is provided.

3.4 Difference from May Presume

May Presume	Shall Presume
Court may draw the inference	Court must draw the inference
Discretionary	Mandatory
Rebuttable	Rebuttable

4. CONCLUSIVE PROOF (IRREBUTTABLE PRESUMPTION) – Section 53, Chapter III

4.1 Meaning

Under Section 53, certain facts are conclusive proof; the court cannot question them, and no evidence is allowed to rebut them.

· Also called irrebuttable or conclusive presumption.

· It cannot be challenged, even if contrary evidence exists.

4.2 Key Features

1. Mandatory and final.

2. No party can produce evidence to contradict it.

3. Usually arises in cases where public policy, certainty, or social interest requires finality.

4.3 Illustration

· Birth under 18 years: Court cannot presume majority to be above 18 in certain statutory provisions where proof of minority is conclusive.

· Public records: A certified copy of a public record provides conclusive proof of its contents.

5. Distinction Among May Presume, Shall Presume & Conclusive Proof

Feature	May Presume	Shall Presume	Conclusive Proof
Nature	Discretionary	Mandatory	Irrebuttable
Rebuttable	Yes	Yes	No
Obligation of Court	Optional	Compulsory	Compulsory
Examples	Possession of recently stolen goods	Document appears signed by a person	Birth certificate or public record

6. Sections & Chapters in BSA 2023

Type	Section	Chapter	Key Provision
May Presume	51	III	Court may presume a fact unless disproved
Shall Presume	52	III	Court shall presume a fact unless disproved
Conclusive Proof	53	III	Fact is conclusive and cannot be contradicted

Other relevant provisions:

· Section 54: Presumption as to existence of certain conditions

· Section 55: Presumption regarding documents and signatures

· Section 56: Presumption regarding judicial notice

7. Importance of Presumptions in Evidence Law

1. Efficiency: Reduces need for proving facts that are commonly accepted or documented.

2. Guidance to Court: Provides statutory framework for drawing inferences.

3. Rebuttal Mechanism: Balances evidentiary burden (except conclusive proof).

4. Certainty: Conclusive proof ensures social and legal stability.

8. Conclusion

The BSA 2023 codifies presumptions clearly in Chapter III, Sections 51–56:

· May presume (Section 51) – discretionary, rebuttable

· Shall presume (Section 52) – mandatory, rebuttable

· Conclusive proof (Section 53) – mandatory, irrebuttable

These doctrines streamline judicial reasoning, determine the burden of proof, and ensure legal certainty. Proper understanding allows courts to balance evidentiary efficiency with fairness in civil and criminal cases.

**DIRECT AND CIRCUMSTANTIAL EVIDENCE

1. Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) modernizes the law of evidence, retaining the distinction between Direct and Circumstantial Evidence, essential for proof of facts in both civil and criminal proceedings.

· Direct evidence proves a fact by itself without requiring inference.

· Circumstantial evidence proves a fact indirectly, requiring inference from other facts.

This distinction is codified under Chapter I (Preliminary, Section 2(1)(f)) and Chapter II (Relevancy of Facts, Sections 3–50), particularly in the context of facts in issue (Section 2(1)(n)).

2. DIRECT EVIDENCE

2.1 Meaning

· Direct Evidence is evidence that directly proves a fact in issue without the need for inference.

· It establishes the fact affirmatively and immediately.

Statutory Basis:

· Section 2(1)(d), BSA 2023: “Evidence” includes oral and documentary evidence proving facts in issue directly.

· Section 3–50 (Relevancy of Facts) supports direct evidence in relation to facts in issue.

2.2 Examples

1. Eyewitness testimony: Witness saw A commit theft.

2. Confession of accused (Sections 21–30, BSA 2023).

3. Documentary evidence proving the fact directly – e.g., signed contract proving existence of a loan.

4. Admission by party (Sections 15–20).

2.3 Features

· Proves fact without inference.

· Can be oral or documentary.

· Usually stronger and more reliable than circumstantial evidence.

2.4 Case Law

· State of U.P. v. Krishna Gopal – Direct eyewitness evidence held sufficient to prove guilt.

· Hanumant Govind v. State of M.P. – Direct proof satisfies the burden of proof if credible.

3. CIRCUMSTANTIAL EVIDENCE

3.1 Meaning

· Circumstantial Evidence proves a fact indirectly by proving other relevant facts from which the fact in issue can be inferred.

· Requires logical inference.

Statutory Basis:

· Sections 3, 6, 8, 10, BSA 2023: Facts showing motive, preparation, conduct, and part of same transaction are relevant circumstantial evidence.

· Section 2(1)(n): Facts in issue can be established by circumstantial evidence if inference is strong.

3.2 Examples

1. Possession of recently stolen goods – infers theft (Section 6).

2. Threats or prior enmity – infers motive (Section 6).

3. Res gestae facts – acts forming part of same transaction (Section 8).

4. Conspiracy acts – co-conspirator’s conduct (Section 10).

3.3 Features

· Indirect evidence requiring inference.

· Stronger when multiple circumstances point unerringly to one conclusion.

· Reliant on logic and probability rather than direct observation.

3.4 Case Law

· Sharad Birdhichand Sarda v. State of Maharashtra (AIR 1984 SC 1622) – Circumstantial evidence must “conclusively point towards guilt, excluding all reasonable doubt.”

· K. Gopal Reddy v. State of A.P. – Circumstantial evidence must form a chain, complete and consistent.

4. Distinction Between Direct and Circumstantial Evidence

Feature	Direct Evidence	Circumstantial Evidence
Nature	Proves fact immediately	Proves fact indirectly
Inference	Not required	Required to infer fact in issue
Strength	Usually stronger	Depends on number & consistency of circumstances
Examples	Eyewitness, confession, document	Motive, conduct, possession of stolen goods
Sections	2(1)(d), 15–30	3, 6, 8, 10, 26

5. Evaluation Principles under BSA 2023

1. Chain of Circumstances: Circumstantial evidence must form a complete chain leading to fact in issue.

2. Standard of Proof:

o Criminal cases: Beyond reasonable doubt.

o Civil cases: Preponderance of probability.

3. Corroboration: Direct evidence can be corroborated by circumstantial evidence and vice versa (Sections 43–44 on expert opinion may assist).

6. Importance

1. Direct Evidence: Provides certainty and immediate proof.

2. Circumstantial Evidence: Critical when direct evidence is unavailable; widely used in murder, theft, fraud, and cybercrimes.

3. Combined Use: Courts often rely on both to establish guilt or liability.

4. Legal Certainty: Ensures that facts are established logically and fairly under BSA 2023.

7. Conclusion

Under BSA 2023, the distinction between Direct and Circumstantial Evidence is codified in Sections 2(1)(d), 2(1)(n), 3, 6, 8, 10, 15–30, 43–44:

· Direct Evidence: Proves facts in issue directly, without inference.

· Circumstantial Evidence: Proves facts indirectly, requiring logical inference.

Courts must evaluate both credibility and probability, ensuring that circumstantial evidence forms a complete chain pointing to the fact in issue, while direct evidence provides immediate proof, to uphold justice in both civil and criminal proceedings.

RELEVANCY AND ADMISSIBILITY; RES GESTAE

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

The Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023) codifies the law relating to relevancy and admissibility of evidence in civil and criminal proceedings.

· Relevancy determines whether a fact is logically connected to a fact in issue.

· Admissibility determines whether evidence can be legally considered by the court.

· Res Gestae is an exception allowing certain otherwise irrelevant facts to be admitted because they are part of the same transaction.

Statutory Basis:

· Chapter II (Relevancy of Facts), Sections 3–50

· Chapter IV (Admissions and Confessions), Sections 15–30

· Chapter III (Presumptions), Sections 51–56

2. Relevancy of Facts

2.1 Meaning

· Section 3, BSA 2023: “Evidence relating to facts in issue or relevant to facts in issue is admissible.”

· A fact is relevant if it logically tends to prove or disprove a fact in issue.

2.2 Types of Relevant Facts

1. Facts in issue – directly in dispute.

2. Facts relevant to facts in issue – indirect evidence, such as:

o Motive (Section 6)

o Preparation and conduct (Section 6)

o Existence of state of mind (Section 7)

o Course of conduct / acts forming part of same transaction (Section 8–10)

2.3 Illustration

· A is accused of theft. Facts showing prior threats, possession of stolen goods, or presence at crime scene are relevant.

2.4 Case Law

· State of Maharashtra v. Suresh – Motive and preparation can be relevant even if not in dispute.

· R. v. Blastland (1986) – Facts must be logically connected to facts in issue.

3. Admissibility of Evidence

3.1 Meaning

· Section 2(1)(d), BSA 2023: Evidence is admissible if the court is legally allowed to consider it.

· Not all relevant facts are admissible; admissibility is subject to lawful and procedural restrictions.

3.2 Key Provisions

1. Admissions and confessions (Sections 15–30) – Must be voluntary.

2. Documents (Sections 33–42) – Must satisfy formal requirements.

3. Expert opinions (Sections 43–44) – Admissible if relevant.

4. Exclusionary rules – Some facts, though relevant, are inadmissible if obtained illegally (Section 50).

3.3 Illustration

· A witness’ statement is relevant to prove theft.

o Admissible if voluntarily made.

o Inadmissible if obtained under threat or torture.

3.4 Case Law

· State v. Anil – Confession obtained under duress is irrelevant and inadmissible.

· K. Gopal Reddy v. State of A.P. – Expert opinion admissible when relevant and reliable.

4. Res Gestae (Sections 8–10, Chapter II)

4.1 Meaning

· Res Gestae (Latin: “things done”) allows acts, declarations, and statements made during the course of the same transaction to be admissible, even if technically irrelevant, because they form part of the context.

· Captures facts too closely connected to the main fact to exclude.

4.2 Statutory Basis

· Section 8: Facts forming part of the same transaction.

· Section 9: Declarations made during the transaction.

· Section 10: Statements explaining or accompanying acts.

4.3 Illustration

1. During a robbery, the victim shouted, “He is armed!” → admissible as part of res gestae.

2. A witness saw accused running from crime scene with stolen goods → admissible to prove the transaction.

4.4 Features

1. Spontaneous, contemporaneous facts or statements.

2. Cannot be the product of reflection or afterthought.

3. Provides context to facts in issue.

4.5 Case Law

· R. v. Bedingfield (1879) – Spontaneous declaration during a crime admissible.

· Queen v. Ball – Res gestae admissible even if hearsay, if part of same transaction.

5. Difference Between Relevancy and Admissibility

Feature	Relevancy	Admissibility
Concept	Logical connection with facts in issue	Legal permission to be considered by court
Scope	Includes all facts logically connected	May exclude facts due to procedural/legislative rules
Example	Motive or preparation	Confession under duress not admissible
Statutory Basis	Sections 3–10	Sections 15–50

6. Importance

1. Ensures focus on facts that matter in dispute.

2. Prevents irrelevant or unfair evidence from influencing judgment.

3. Res Gestae doctrine preserves contextual truth and spontaneous acts.

4. Fair trial and justice – courts balance relevance with admissibility.

7. Conclusion

Under BSA 2023, the law of relevancy, admissibility, and res gestae is codified in Chapter II, Sections 3–10, and 15–50:

· Relevancy: Logical connection with fact in issue.

· Admissibility: Legal allowance to consider evidence.

· Res Gestae: Spontaneous facts or statements forming part of same transaction, admissible even if otherwise irrelevant.

A clear understanding ensures judicial efficiency, fairness, and proper evaluation of evidence in both civil and criminal proceedings.

ADMISSION AND CONFESSION

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

Under Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023), Admission and Confession are important forms of evidence but distinct in nature, scope, and legal effect.

· Admission: A statement, oral or written, acknowledging a fact relevant to the case, made by a party to the proceeding.

· Confession: A statement, oral or written, admitting guilt of an offense, made by the accused.

Statutory Basis:

· Chapter IV – Admissions and Confessions (Sections 15–30)

· Chapter II – Relevancy of Facts (Sections 3–50) for their relevance and admissibility.

2. Admission

2.1 Meaning

· Section 15, BSA 2023: “Admission” means statement, oral or documentary, made by a party which is adverse to their interest and is relevant to facts in issue.

· Admissions need not be voluntary, unlike confessions.

· Can be oral, documentary, or implied by conduct.

2.2 Key Features

1. Made by a party or their authorized agent.

2. Can relate to facts in issue or relevant facts.

3. Does not require proof of guilt.

4. Rebuttable – can be disproved by evidence.

5. Section 17: Admissions are relevant whether made before or during proceedings.

2.3 Types of Admission

1. Express Admission – Clearly stated (e.g., “I owe Rs. 50,000 to X”).

2. Implied Admission – Inferred from conduct (e.g., paying part of a disputed debt).

3. Judicial Admission – Made before court.

2.4 Illustration

· A party in a civil suit says, “I received the goods but did not pay for them.”
→ Relevant admission against the party.

2.5 Case Law

· R. v. Green (1865) – Admission can be oral or implied from conduct.

· K.K. Verma v. State of M.P. – Judicial admission has stronger effect than extrajudicial admission.

3. Confession

3.1 Meaning

· Section 24–30, BSA 2023: A confession is a statement made by accused, admitting the commission of an offense.

· Confessions are distinct from admissions because they relate to criminal liability.

3.2 Key Features

1. Made by the accused only.

2. Adverse to the accused’s criminal interest.

3. Must be voluntary – Section 24 prohibits confessions made under inducement, threat, or promise.

4. Can be judicial (in court) or extrajudicial (outside court).

5. Section 25: Confession made to police officer is generally inadmissible, unless special circumstances exist.

3.3 Illustration

· Accused says to a friend, “I stole the car.”
→ Extrajudicial confession; admissible if voluntary and relevant.

3.4 Case Law

· State of U.P. v. Rajesh Gupta – Extrajudicial confession admissible if voluntary.

· Nandini Satpathy v. P.L. Dani (1978 SC) – Confession under threat is involuntary and inadmissible.

4. Distinction Between Admission and Confession

Feature	Admission	Confession
Definition	Statement by party adverse to own interest	Statement by accused admitting guilt of offense
Nature	Civil or criminal	Only criminal
Voluntariness	Not required	Must be voluntary
Rebuttable	Yes	Generally admissible if voluntary
Made by	Any party to proceeding	Accused only
Statutory Sections	15–23	24–30
Example	“I received Rs. 50,000”	“I committed theft of Rs. 50,000”

5. Relevance and Admissibility under BSA 2023

1. Admission (Sections 15–23):

o Relevant to facts in issue.

o Rebuttable by contrary evidence.

o Judicial admissions stronger than extrajudicial.

2. Confession (Sections 24–30):

o Must be voluntary.

o Extrajudicial confessions admissible if trustworthy.

o Confession to police officer generally inadmissible.

6. Importance

1. Admission: Helps establish liability or facts without formal proof.

2. Confession: Crucial in criminal law, can secure conviction if voluntary.

3. Safeguards: Voluntariness prevents misuse or coercion.

4. Judicial Efficiency: Reduces the need for lengthy proof when facts are acknowledged.

7. Conclusion

Under BSA 2023, Admission and Confession are governed by Sections 15–30 (Chapter IV):

· Admission: Any party’s statement against their interest; relevant and rebuttable.

· Confession: Accused’s voluntary statement of guilt; stronger evidentiary value in criminal trials.

Understanding the distinction ensures fair trial, proper evaluation of evidence, and prevention of coercion, safeguarding both civil and criminal justice systems.

DYING DECLARATION

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

A Dying Declaration (DD) is a statement made by a person on the verge of death regarding the circumstances of their death. It is a crucial form of evidence in criminal law, particularly in cases of homicide, murder, or culpable injury.

· The concept is recognized in BSA 2023, codifying principles from common law and prior Indian evidence law.

· Statutory Basis:

o Section 32(1), Chapter II – Relevancy of Facts (BSA 2023): Relates to statements made by persons who cannot testify due to death or incapacity.

o Sections 3–50, Chapter II: Relevancy of facts and exceptions to hearsay rule.

2. Meaning

· Section 32(1), BSA 2023: “Statements made by a person as to the cause of their death or any circumstances of the transaction, while believing that death is imminent, are relevant to facts in issue.”

· Key points:

1. Made by a declarant expecting death.

2. Relates to cause or circumstances of death.

3. Admissible even if hearsay, due to necessity and reliability.

3. Key Features

1. Declarant must be alive at the time of declaration.

2. Belief of imminent death: The declarant must anticipate death, although death is not mandatory.

3. Relevance: Only facts regarding cause, perpetrators, or circumstances are relevant.

4. Form: Oral or written; can be before a Magistrate, police, or private witness.

5. Voluntariness: Must be voluntary; coercion invalidates credibility.

6. Corroboration: Not mandatory but helps strengthen evidence (Sharad Birdhichand Sarda v. State of Maharashtra).

4. Illustration

1. Victim of stabbing tells a neighbor: “A and B attacked me with a knife.”
→ Admissible as dying declaration.

2. Victim makes a statement in hospital before dying: “C shot me in the chest.”
→ Admissible, even if not recorded by police.

5. Distinction from Confession

Feature	Confession	Dying Declaration
Definition	Statement by accused admitting guilt	Statement by victim about cause/circumstances of death
Maker	Accused	Victim / Declarant
Relevance	Criminal liability of accused	Identifies perpetrator or cause of death
Voluntariness	Must be voluntary	Must be voluntary; no inducement or threat
Timing	Any time before trial	When death is imminent
Statutory Sections	24–30	32(1)

6. Admissibility under BSA 2023

1. Section 32(1): DD is admissible as an exception to hearsay rule.

2. Form of DD: Oral or written; can be recorded by Magistrate (preferred), police, or witness.

3. Conditions:

o Declarant believes death is imminent.

o Statement relates to cause or circumstances of death.

o Voluntary and trustworthy.

4. Section 32(2): Statements after recovery are not considered dying declaration.

7. Case Law

1. Koppula Venkat Rao v. State of A.P. (1973) – Even if statement made in hospital, admissible if death believed imminent.

2. M. Yeshwant Singh v. State of Rajasthan – No need for corroboration; DD alone can convict if credible.

3. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – DD should be carefully scrutinized for credibility, but no mandatory corroboration.

8. Importance

1. Crucial in homicide trials: Often the only evidence identifying the perpetrator.

2. Exception to hearsay: BSA 2023 allows reliability over technical exclusion.

3. Judicial discretion: Courts examine circumstances, age, mental state, and voluntariness.

4. Expedites justice: Allows admissible evidence even if the witness dies.

9. Conclusion

Under BSA 2023, Section 32(1) and Chapter II, Dying Declaration is:

· A statement made by a person expecting death, regarding cause or circumstances of death.

· Admissible even if hearsay, provided voluntary and credible.

· Can stand alone for conviction but corroboration strengthens reliability.

Dying declarations remain a vital instrument in criminal justice, bridging gaps when the primary witness cannot testify.

RELEVANCY OF JUDGMENTS

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

Judgments of courts can be important sources of evidence in subsequent proceedings. Under BSA 2023, certain judgments are relevant to facts in issue or facts connected to them.

· Statutory Basis:

o Chapter II – Relevancy of Facts (Sections 13–14, 46–50, BSA 2023)

o Section 13(1): Relevancy of judgments in civil or criminal cases.

o Section 14: Effect of previous judgments as evidence.

2. Meaning

· Section 13(1), BSA 2023:

“The existence of any judgment, order, or decree, whether of a civil or criminal nature, is relevant to facts in issue in a subsequent proceeding, where it is necessary to establish the legal or factual position, or to prove an estoppel or res judicata.”

· Key points:

1. Judgment must be authentic and judicially pronounced.

2. It may be used to prove facts decided in the prior case.

3. Can also establish legal positions, rights, or liabilities.

3. Types of Relevance of Judgments

1. When judgment is relevant as res judicata (Section 14):

o The same matter cannot be tried again between the same parties.

o Previous judgment is conclusive proof.

2. Judgments relevant for estoppel:

o A person cannot deny facts or rights already established in a previous judgment.

3. Judgment relevant for impeachment of witnesses:

o Prior judicial finding can be relevant to impeach credibility.

4. Key Features

1. Relevance, not proof:

o Judgment is evidence of facts decided, but not proof of truth beyond context.

2. Judicial vs Extrajudicial:

o Only judicially pronounced and authenticated judgments are relevant.

3. Civil vs Criminal:

o Civil judgments relevant in civil or criminal matters to show facts in issue or estoppel.

o Criminal convictions can be relevant to prove habit, motive, or mens rea.

5. Illustration

1. Civil Case Example:

o Party A has obtained a decree confirming ownership of a property.

o In a subsequent suit, A can produce the previous judgment to show ownership and estoppel.

2. Criminal Case Example:

o Accused previously convicted of theft in one case.

o The conviction may be relevant in another case to show prior conduct or pattern, subject to judicial discretion.

6. Case Law

1. State of Maharashtra v. Somnath (1999) – Judgment as evidence is relevant only for matters directly decided, not as general proof of truth.

2. Suraj Lamp & Industries v. State of Haryana (2012) – Civil judgment can establish ownership and rights, preventing re-litigation.

3. K.K. Verma v. State of M.P. – Prior acquittals or convictions may be relevant to show pattern or motive, but not automatically conclusive in subsequent cases.

7. Difference Between Relevancy and Proof

Feature	Relevancy of Judgment	Proof of Judgment
Concept	Establishes that prior judgment is relevant	Previous judgment is relied upon as evidence to prove facts or rights
Effect	Shows facts or legal positions decided	Can bind parties under res judicata or estoppel
Scope	May be used for subsequent proceedings	Limited to matters adjudicated earlier
Example	Previous property dispute judgment relevant to current dispute	The decree itself proves ownership

8. Importance

1. Prevents multiplicity of litigation: Establishes res judicata.

2. Establishes legal rights and obligations: Parties cannot deny previously adjudicated facts.

3. Aids courts in determining credibility and facts: Especially in civil proceedings.

4. Judicial economy: Saves time and resources by relying on prior judgments.

9. Conclusion

Under BSA 2023, Sections 13–14, Chapter II, the Relevancy of Judgments ensures:

· Previous judicial decisions are relevant to facts in issue, legal positions, or estoppel.

· They may serve as conclusive proof in res judicata cases but not as absolute proof of truth in unrelated matters.

· Courts carefully assess authenticity, direct relevance, and judicial context before admitting judgments as evidence.

OPINION OF EXPERTS AND OPINION OF THIRD PERSONS

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

In legal proceedings, courts often rely on statements beyond the knowledge of ordinary persons. Such statements are classified as:

1. Opinion of Experts – Statements made by persons skilled in a particular field.

2. Opinion of Third Persons – Statements made by non-experts or witnesses regarding matters outside their direct observation.

· Statutory Basis:

o Chapter III – Opinions of Persons, BSA 2023 (Sections 45–50)

o Sections 45–47: Expert evidence

o Sections 48–50: Opinion of non-experts / third persons

2. Opinion of Experts

2.1 Meaning

· Section 45, BSA 2023:

“When the court has to form an opinion upon a point of science, art, or skill, or as to identity, handwriting, or finger impressions, the opinions of persons specially skilled in that field are relevant.”

· Experts are persons possessing special knowledge, training, or experience beyond ordinary witnesses.

2.2 Key Features

1. Expert evidence is relevant but not conclusive.

2. Expert can express opinion, but final decision rests with the court.

3. Common areas:

o Fingerprints, handwriting, handwriting comparison

o Medical or scientific analysis

o Engineering, accounting, or other technical matters

2.3 Illustration

1. Handwriting expert examines disputed signature and states likelihood of authenticity.

2. Doctor testifies on cause of injury or time of death.

2.4 Case Law

· State of Uttar Pradesh v. Rajesh Gupta – Expert evidence admissible but not binding.

· R. v. Turner (1975) – Expert opinion on handwriting can aid court but ultimate judgment rests with judicial discretion.

3. Opinion of Third Persons

3.1 Meaning

· Section 48, BSA 2023:

“The opinions of persons who are not experts are generally irrelevant, except when they are based on personal knowledge or observation.”

· These are often statements about appearance, behavior, or identity of a person, but the maker lacks technical expertise.

3.2 Key Features

1. Opinion by ordinary persons is generally inadmissible if it requires specialized knowledge.

2. Admissible if it is:

o Based on personal knowledge or observation

o Helps in describing general facts or circumstances

3.3 Illustration

1. Witness says, “The man looked drunk.”

2. Neighbor testifies, “I saw X enter the house at 10 PM.”

Note: These are observations or opinion-like statements, not expert opinions.

3.4 Case Law

· R. v. Smith (1915) – Lay opinion on identity admissible if based on personal observation, but expert conclusions not drawn.

· K.K. Verma v. State of M.P. – Witness describing “man looked suspicious” admissible only as fact, not technical opinion.

4. Distinction Between Expert Opinion and Third Person Opinion

Feature	Expert Opinion	Third Person Opinion
Definition	Opinion by person with special knowledge/skill	Opinion by ordinary person without technical skill
Relevant Section	45–47	48–50
Basis	Knowledge, training, scientific skill	Personal observation or general experience
Court Binding	Not binding; assists court	Usually not relevant, only descriptive
Illustration	Doctor opines cause of injury	Witness says man looked drunk

5. Admissibility under BSA 2023

1. Expert Opinion (Sections 45–47):

o Relevant if skilled in the field

o Must relate to scientific, technical, or skilled matters

o Court may accept or reject based on credibility and methodology

2. Opinion of Third Persons (Sections 48–50):

o Relevant only if based on direct observation or personal knowledge

o Cannot express technical conclusions

o Helps illustrate facts, not decide technical points

6. Importance

1. Expert Opinion:

o Bridges gap between technical knowledge and judicial decision-making.

o Essential in modern criminal and civil litigation.

2. Third Person Opinion:

o Provides context or corroboration for facts in issue.

o Avoids misuse of hearsay or speculation in court.

7. Conclusion

Under BSA 2023, Sections 45–50, Chapter III:

· Expert opinion is admissible for technical or scientific matters and aids the court, but is not conclusive.

· Third person opinion is generally inadmissible, except when based on direct personal observation.

· Distinguishing these ensures that technical expertise is properly utilized, while lay observations remain descriptive, preserving fairness and accuracy in trials.

1. Introduction

The conduct and character of parties in a case can be relevant to determine credibility, motive, or probability of a fact. Under BSA 2023, such evidence is admissible in certain situations, but not to decide the case merely based on character.

· Statutory Basis:

o Chapter II – Relevancy of Facts, Sections 51–55, BSA 2023

o Sections 52–54 specifically deal with evidence of conduct, character, or reputation.

2. Meaning

· Section 52, BSA 2023:

“The conduct of any party, in respect of the matter in issue or relevant facts, may be proved to establish the probability of their truth or motive.”

· Section 53, BSA 2023:

“Evidence of a person’s character may be relevant where the law requires or allows it, such as in cases of moral turpitude, reputation, or propensity.”

· Key Points:

1. Conduct = Behavior or actions of the party before or after the fact.

2. Character = General moral or social reputation.

3. Must relate to fact in issue or relevant circumstances.

3. Types of Conduct and Character Evidence

1. Conduct in relation to fact in issue:

o Actions that suggest guilt, innocence, or motive.

o Example: Flight from the scene, threats, concealment of evidence.

2. Character evidence in criminal cases:

o Reputation for honesty, morality, or law-abiding nature.

o Used to corroborate or contradict testimony.

3. Character evidence in civil cases:

o Generally not admissible to prove liability, unless specific statute allows.

o Example: Reputation in matters of trust or fiduciary responsibility.

4. Illustration

1. Criminal Case:

o Defendant has a history of violent behavior → relevant to show probability of committing assault.

2. Civil Case:

o Plaintiff’s honesty and business reputation → relevant in fraud or contract dispute.

3. Conduct after incident:

o Attempt to destroy evidence or flee → admissible as circumstantial evidence.

5. Key Features

1. Not conclusive: Evidence of conduct/character cannot alone determine liability.

2. Limited relevance: Must relate to facts in issue, motive, or credibility.

3. Corroboration: Often strengthens or weakens other evidence.

4. Section 54: Reputation or character cannot be proved by mere opinion, but through reliable testimony.

6. Case Law

1. State of Rajasthan v. Kashi Ram (2006) – Conduct such as attempt to conceal body is relevant to show guilty knowledge.

2. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Conduct of accused after the crime relevant for corroboration.

3. K.K. Verma v. State of M.P. – Character evidence admissible to support or contradict testimony, not as standalone proof.

7. Admissibility under BSA 2023

· Section 52: Conduct relevant if it relates to facts in issue or motive.

· Section 53: Character evidence is admissible only when relevant under law (e.g., criminal propensity, fraud, credibility).

· Section 54: Proof must be credible, corroborated, and specific.

· Section 55: Courts may exercise discretion to exclude evidence if prejudicial or irrelevant.

8. Importance

1. Helps court assess probability, motive, or credibility.

2. Bridges gaps in direct evidence using circumstantial or indirect indicators.

3. Ensures justice by contextualizing facts rather than relying solely on statements.

4. Encourages truthful presentation by parties knowing that conduct and character may be scrutinized.

9. Conclusion

Under BSA 2023, Sections 52–55, Chapter II:

· Evidence of conduct and character is relevant only when it relates to facts in issue, motive, or credibility.

· Such evidence cannot be the sole basis for conviction or liability.

· Courts must balance relevance against prejudicial effect, ensuring fair trial and proper assessment of probability and credibility.

1. Introduction

Judicial notice is a doctrine under which a court recognizes certain facts as so well-known or notorious that they need not be proved by evidence. It ensures efficiency and prevents wastage of judicial time on common knowledge or indisputable facts.

· Statutory Basis:

o Chapter II – Relevancy of Facts, Sections 56–59, BSA 2023

o Sections 56–57 specifically deal with judicial notice.

2. Meaning

· Section 56, BSA 2023:

“The court shall take judicial notice of facts which by law it is required or permitted to notice, and facts which are of such notoriety or certainty that they cannot reasonably be doubted.”

· Key points:

1. Judicial notice can be mandatory (shall notice) or discretionary (may notice).

2. Applies to facts generally known or easily verifiable.

3. Evidence is not required to prove such facts.

3. Types of Judicial Notice

1. Mandatory Notice (Shall Notice):

o Courts must recognize facts required by law, e.g., date of public holidays, official gazettes, or statutes.

2. Discretionary Notice (May Notice):

o Courts may take notice of facts notorious or easily verifiable, e.g., weather conditions, sunrise/sunset, geographical locations.

3. Legal Presumptions vs Judicial Notice:

o Presumption relies on inference; judicial notice recognizes facts as indisputable.

4. Key Features

1. No Proof Required: Judicially noticed facts are accepted without evidence.

2. Court Determination: Court decides which facts qualify.

3. Scope: Includes

o Facts of common knowledge

o Official records

o Public documents

4. Evidence Still Needed: If the fact is disputed by competent evidence, court may require proof.

5. Illustration

1. Mandatory Notice:

o Courts must notice that January 26 is Republic Day in India.

2. Discretionary Notice:

o Court may notice the fact that it rains in Mumbai during June–July, if relevant to the case.

3. Legal Proceedings:

o Recognizing government notifications, official lists, or census data without requiring proof.

6. Case Law

1. State of Maharashtra v. Somnath (1999) – Court can judicially notice facts of public notoriety, such as location of rivers and highways.

2. K.K. Verma v. State of M.P. – Judicial notice may include dates, seasons, or official publications.

3. R. v. Smith (1915) – Facts so notorious that no one can reasonably dispute them can be judicially noticed.

7. Admissibility under BSA 2023

· Section 57: Courts may take judicial notice of:

1. Laws and public records

2. Official gazettes and notifications

3. Facts of common knowledge

· Section 58: Judicial notice cannot be taken of facts in dispute, which require evidence.

· Section 59: Provides procedural guidance: court may allow parties to be heard on facts judicially noticed.

8. Importance

1. Saves judicial time by avoiding proof of indisputable facts.

2. Ensures accuracy of certain facts recognized by law.

3. Enhances efficiency in trials.

4. Supports evidentiary rules by separating what needs proof from what is self-evident.

9. Conclusion

Under BSA 2023, Sections 56–59, Chapter II:

· Judicial notice allows courts to accept indisputable facts without evidence.

· Courts may mandatorily or discretionarily notice facts, depending on their legal or public importance.

· Judicial notice complements direct, circumstantial, and expert evidence, ensuring speedy and accurate justice.

ESTOPPEL

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

Estoppel is a legal doctrine that prevents a person from denying or asserting something contrary to what they have previously stated or implied, especially if it would prejudice another party who relied on the original statement.

· Statutory Basis:

o Chapter IV – Estoppel, Sections 60–65, BSA 2023

· Purpose:

1. Protects good faith reliance.

2. Promotes fairness and justice in litigation.

3. Prevents contradictory statements from being used to harm others.

2. Meaning

· Section 60, BSA 2023:

“A person shall be estopped from denying a fact which he has previously represented as true, if another person has acted upon such representation to his detriment.”

· Key Points:

1. Estoppel applies to facts, not law, unless specifically provided.

2. There must be representation or conduct inducing reliance.

3. The party relying on it must suffer prejudice if estoppel is ignored.

3. Types of Estoppel (as per BSA 2023)

Type	Section	Meaning	Illustration
Estoppel by Representation	61	Denying facts previously stated or implied	A tenant claims a right to renew a lease after landlord promised it, then landlord denies it.
Estoppel by Conduct / Silence	62	Acting in a way that leads others to rely	Employer remains silent on employee’s overtime claim; cannot later deny it if employee relied.
Estoppel by Deed	63	Based on a formal written instrument	Parties cannot deny terms of a registered sale deed.
Estoppel by Record	64	Cannot reopen facts judicially settled in a prior judgment	Party loses res judicata claim on settled issue.
Promissory Estoppel	65	Prevents reneging on a clear promise causing detriment	Landlord promises rent concession; cannot withdraw if tenant acted on promise.

4. Key Features

1. Representation / Conduct: Must be intentional or misleading.

2. Reliance: Another party must have relied in good faith.

3. Detriment: The relying party suffers loss or prejudice.

4. Not Applicable to Law Generally: Estoppel cannot generally prevent denial of lawful rights.

5. Court Discretion: Courts examine fairness and equity before applying estoppel.

5. Illustration

1. Representation: A promises B that a piece of land belongs to B; later, A cannot deny B’s title.

2. Conduct/Silence: Employer allowed employee to act on benefits; later denial estopped.

3. Deed: Parties execute a sale deed; later, seller cannot claim property.

4. Promissory Estoppel: Government promises subsidy for certain crops; withdrawal after farmer acted on promise estopped.

6. Case Law

1. Central London Property Trust Ltd v. High Trees House Ltd (1947) – Promissory estoppel principle established.

2. Gajanan Moreshwar v. G.R. Deshpande (1961) – Estoppel prevents denial of representations made by conduct.

3. State of Rajasthan v. Mangilal (1989) – Estoppel by deed upheld on formal instrument.

7. Admissibility under BSA 2023

· Section 60–65:

1. Estoppel is a rule of evidence; it prevents parties from contradicting previous facts.

2. Applies to representation, conduct, deeds, or promises.

3. Does not create rights, but prevents contradiction.

4. Evidence may be led to show existence of estoppel, e.g., letters, deeds, conduct.

8. Importance

1. Promotes fairness by preventing opportunistic denial.

2. Protects good faith reliance of parties in legal and commercial matters.

3. Reduces litigation on settled facts.

4. Encourages equity and consistency in judicial proceedings.

9. Conclusion

Under BSA 2023, Sections 60–65, Chapter IV:

· Estoppel prevents a party from contradicting facts, representations, or conduct on which others relied.

· Courts examine representation, reliance, and detriment before applying estoppel.

· Estoppel does not create new rights, but ensures equity, fairness, and consistency in legal proceedings.

MEANS OF PROOF: ORAL EVIDENCE AND DOCUMENTS

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

In law, proof of facts can be given by different means of evidence. Broadly, evidence is categorized as:

1. Oral Evidence – Spoken by witnesses in court.

2. Documentary Evidence – Written evidence, further classified into public and private documents.

· Statutory Basis:

o Chapter III – Proof of Facts, Sections 66–75, BSA 2023

2. Oral Evidence

· Section 66, BSA 2023:

“Oral evidence is evidence delivered by a witness verbally in the court regarding facts that are relevant to the matter in issue.”

· Key Features:

1. Primary Evidence: Given by witnesses with personal knowledge.

2. Direct or Circumstantial: Can relate to facts witnessed or inferred.

3. Under Oath or Affirmation: Ensures credibility.

4. Subject to Cross-Examination: Opposing party can challenge reliability.

· Illustration:

o Witness saw the accused commit theft and testifies before the court.

· Advantages:

0. Provides direct account of events.

1. Allows clarification under cross-examination.

· Limitations:

o Subject to memory lapses, exaggeration, or bias.

3. Documentary Evidence

· Section 67, BSA 2023:

“Documents are admissible in evidence if they are relevant and may be either public or private documents.”

· Types of Documents:

A. Public Documents

· Section 68, BSA 2023:

“Public documents are those which are kept by public authorities or persons in discharge of public functions.”

· Examples:

1. Government notifications

2. Birth, death, and marriage certificates

3. Court judgments, records, and registers

4. Statutory records

· Key Features:

o Presumption of genuineness (Section 69, BSA 2023)

o No proof required of original authenticity, unless challenged.

· Illustration:

o Certified copy of land registry showing property ownership is a public document.

B. Private Documents

· Section 70, BSA 2023:

“Private documents are documents made between private parties not in discharge of public functions.”

· Examples:

1. Sale deeds

2. Private contracts or agreements

3. Letters and wills

· Key Features:

o Must prove authenticity and execution (Section 71, BSA 2023)

o Can be used for or against parties who created them

· Illustration:

o A signed agreement between two parties regarding rent is a private document.

4. Key Rules

1. Best Evidence Rule (Section 72):

o Original document is preferred; secondary evidence is allowed under specified conditions.

2. Proof of contents:

o Oral evidence cannot be used to contradict a document (Section 73).

3. Presumptions:

o Public documents carry presumptions of genuineness; private documents require proof of execution.

4. Admissibility:

o Document must be relevant under Sections 51–55, BSA 2023.

5. Case Law

1. State of Maharashtra v. S.K. Mohite (2002) – Oral testimony admissible if it corroborates circumstantial evidence.

2. K.K. Verma v. State of M.P. – Public documents are presumed genuine under law; secondary evidence allowed if originals unavailable.

3. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Oral evidence cannot contradict written agreement.

6. Importance

1. Ensures truthful proof of facts.

2. Provides flexibility in presenting evidence.

3. Helps courts corroborate oral and documentary evidence.

4. Facilitates reliable adjudication in civil and criminal matters.

7. Conclusion

Under BSA 2023, Sections 66–75, Chapter III:

· Oral evidence is spoken testimony regarding facts, while documentary evidence includes both public and private documents.

· Public documents enjoy presumption of genuineness, whereas private documents require proof of authenticity.

· Courts evaluate relevance, authenticity, and credibility before relying on any means of proof.

PRIMARY AND SECONDARY EVIDENCE

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

In law, evidence can be directly produced from the original source or by substitute means.

· Primary evidence is the best evidence and comes directly from the original document.

· Secondary evidence is used when primary evidence is unavailable under certain legal conditions.

· Statutory Basis:

o Chapter III – Proof of Facts, Sections 72–75, BSA 2023

o Sections 72–74 deal specifically with primary and secondary evidence.

2. Primary Evidence

· Section 72, BSA 2023:

“Primary evidence of a document means the document itself produced for inspection of the court.”

· Key Features:

1. Original document is always preferred.

2. Includes signed contracts, deeds, letters, or records.

3. Oral statements about the document cannot substitute primary evidence.

· Illustration:

o A registered sale deed produced before the court is primary evidence of the transaction.

· Rule:

o Court generally requires primary evidence, unless valid exceptions apply.

3. Secondary Evidence

· Section 73, BSA 2023:

“Secondary evidence of a document means a copy of the document, oral account of its contents, or other substitutes permitted by law.”

· Types of Secondary Evidence (Section 74):

1. Certified copies of public documents

2. Copies made from original by mechanical or electronic means

3. Oral evidence of contents if original lost or destroyed

· Conditions for Admissibility (Section 75):

1. Original cannot be produced due to loss, destruction, or lawful custody.

2. Evidence of contents must be reliable.

3. Court must be satisfied that all reasonable efforts to produce the primary evidence were made.

· Illustration:

o Photocopy of a land registry entry when original record is lost.

o Oral testimony of the contents of a lost will.

4. Key Differences

Feature	Primary Evidence	Secondary Evidence
Definition	Original document itself	Copy, oral account, or substitute
Preference	Always preferred	Admissible only if original unavailable
Proof required	No need to prove authenticity if original	Must prove genuineness or reason for non-production
Example	Registered deed, original will	Certified copy, photocopy, oral evidence of lost will

5. Case Law

1. K.K. Verma v. State of M.P. – Court allowed secondary evidence when primary unavailable due to lawful custody.

2. State of Rajasthan v. Mangilal – Certified copies of public documents considered valid secondary evidence.

3. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Oral evidence of lost document contents admissible under strict conditions.

6. Importance

1. Ensures truthful and reliable proof in absence of originals.

2. Balances necessity vs evidentiary rigor.

3. Promotes efficiency in court proceedings.

4. Protects rights of parties when originals cannot be produced.

7. Conclusion

Under BSA 2023, Sections 72–75, Chapter III:

· Primary evidence is always preferred, being the original document itself.

· Secondary evidence is admissible only when the primary cannot be produced due to lawful reasons.

· Courts evaluate authenticity, necessity, and reliability before admitting secondary evidence.

1. Introduction

The rule of “Exclusion of Oral by Documentary Evidence” is a fundamental principle of evidence law:

**Oral evidence cannot be admitted to contradict, vary, or add to the terms of a document which is intended by law to be the sole record of the transaction.

· Statutory Basis:

o Chapter III – Proof of Facts, Sections 73–74, BSA 2023

o Section 73 specifically deals with oral evidence being inadmissible to contradict a document.

· Purpose:

1. Protects sanctity of written documents.

2. Prevents fraudulent or false oral claims.

3. Ensures certainty and reliability in legal transactions.

2. Meaning

· Section 73, BSA 2023:

“When the terms of a document are clear, oral evidence cannot be used to contradict, modify, or add to the contents of the document, except to prove its execution or validity.”

· Key Points:

1. Applies to documents required by law to be in writing, e.g., contracts, wills, deeds.

2. Oral evidence is only admissible to prove the fact of execution, date, or existence, not the substance of the document.

3. Helps avoid disputes based on unrecorded oral agreements.

3. Exceptions

Oral evidence may be allowed in limited cases:

1. To prove execution or genuineness:

o Witness can testify that the document was signed by the correct person.

2. To prove the document is void or invalid:

o Oral evidence can show fraud, coercion, misrepresentation, or incapacity.

3. Collateral matters:

o Evidence may be admissible if it does not contradict the written terms, e.g., conditions precedent or subsequent.

4. Custom or usage:

o Oral evidence may explain customary practices that do not alter the document’s terms.

4. Illustration

1. Contradiction barred:

o Written lease says rent is ₹10,000 per month. Tenant claims orally that rent was ₹8,000 → oral evidence inadmissible.

2. Execution proof allowed:

o Witness can testify that the tenant signed the lease.

3. Fraud exception:

o Tenant claims landlord forged signature → oral evidence admissible to prove forgery.

5. Case Law

1. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Oral evidence cannot contradict a signed contract; only relevant for execution or fraud.

2. K.K. Verma v. State of M.P. – Oral testimony inadmissible to vary terms of written agreement.

3. State Bank of India v. Mohd. Hanif (1970) – Oral evidence admissible to show illegality or fraud affecting the document.

6. Key Points / Summary

Aspect	Rule
General Rule	Oral evidence cannot contradict, vary, or add to written documents.
Exceptions	To prove execution, genuineness, fraud, illegality, or collateral matters.
Purpose	Protect certainty, reliability, and integrity of written transactions.
Relevant Sections	73–74, BSA 2023

7. Importance

1. Ensures reliability of documentary evidence.

2. Prevents false oral claims or disputes.

3. Encourages parties to record all essential terms in writing.

4. Protects legal certainty in contracts, wills, and deeds.

8. Conclusion

Under BSA 2023, Sections 73–74, Chapter III:

· Oral evidence is generally excluded when it contradicts or modifies the terms of a document.

· Exceptions exist for proof of execution, fraud, illegality, or collateral matters.

· This rule reinforces the primacy of documentary evidence in legal proceedings, ensuring certainty, reliability, and justice.

BURDEN OF PROOF

(Under Bharatiya Sakshya Adhiniyam, 2023 — Sections & Chapters Included)

1. Introduction

Burden of Proof is a fundamental principle in evidence law:

It refers to the duty of a party to prove the facts which are necessary to establish his case.

· Statutory Basis:

o Chapter V – Burden of Proof, Sections 101–114, BSA 2023

· Purpose:

1. Ensures fair trial.

2. Determines who must lead evidence on a disputed fact.

3. Provides mechanism to decide outcomes when parties present conflicting evidence.

2. Meaning

· Section 101, BSA 2023:

“Whoever desires any court to give judgment as to any legal right or liability must prove the existence of facts necessary to establish such right or liability.”

· Key Points:

1. Initial burden is on the party who asserts a fact.

2. Burden may shift during trial if evidence disproves or casts doubt.

3. Criminal and civil cases have different standards:

§ Civil: Preponderance of probability

§ Criminal: Beyond reasonable doubt

3. Types of Burden of Proof

Type	Section	Meaning	Illustration
Onus Probandi (Legal Burden)	101	Legal duty to prove fact at the start of proceedings	Plaintiff must prove contract breach in civil suit.
Onus Probandi Shifting	102	Burden shifts to opposite party once prima facie case is made	Accused proves alibi after prosecution proves prima facie case.
Presumptive Burden	106	Certain facts are presumed unless disproved	Presumption of legitimacy of child born in lawful marriage.
Burden of Proof in Criminal Cases	103–104	Prosecution must prove guilt beyond reasonable doubt; accused may prove exceptions	Section 300 IPC – burden on prosecution to prove murder; accused may prove self-defence.

4. General Rules

1. Fact in issue / Relevant facts must be proved by the party asserting them.

2. Burden never shifts arbitrarily; statutory provisions may prescribe exceptions.

3. Section 102, BSA 2023: Burden shifts to the party relying on a presumption.

4. Standard of proof:

o Civil: Preponderance of probability

o Criminal: Beyond reasonable doubt

5. Illustrations

1. Civil Case: A sues B for breach of contract. Burden on A to prove contract and breach.

2. Criminal Case: State prosecutes X for theft. Burden on prosecution to prove elements of theft.

3. Presumption Example: Child born in wedlock is presumed legitimate; mother or alleged father may disprove.

6. Case Law

1. State of U.P. v. Rajesh Gautam (2003) – Burden of proof in criminal cases remains on prosecution.

2. Sharad Birdhichand Sarda v. State of Maharashtra (1984) – Civil burden of proof is on plaintiff to establish facts.

3. K.K. Verma v. State of M.P. – Shifting burden allowed where statute prescribes presumptions (e.g., Section 106, BSA 2023).

7. Importance

1. Ensures justice and fairness by requiring parties to substantiate claims.

2. Avoids arbitrary judgments by specifying who must prove what.

3. Protects innocent parties, especially in criminal law, until guilt is proved.

4. Provides clarity on legal strategy and evidence presentation.

8. Conclusion

Under BSA 2023, Sections 101–114, Chapter V:

· Burden of proof is the duty to prove facts necessary for establishing legal rights or liability.

· It primarily rests on the party asserting a fact, but may shift based on law, presumptions, or prima facie evidence.

· Understanding burden of proof, standard, and shifting principles is essential for both civil and criminal litigation.

Witnesses: Dumb Person and Magistrate

1. Dumb Person as a Witness

Relevant Section:

Sec 125 BSA, 2023 – Non-verbal witnesses (persons who cannot speak) can testify.

Key Points:

A person who cannot speak is still competent to testify if they can understand questions and give rational answers.
Such testimony may be given by writing, signs, gestures, or through an interpreter.
Court may ensure clarity and authenticity.

Illustrative Case Law:

Courts under old IEA precedent: State of Maharashtra v. Ramesh, testimony of a mute person held admissible via gestures/writing.

Conclusion:

Dumb persons are competent witnesses.
Compellability applies like any other competent witness, unless a specific privilege exists.

2. Magistrate as a Witness

Relevant Section:

Sec 124 & 150 BSA, 2023 – Competency and compellability rules.
Sec 129 BSA, 2023 – State privilege for official communications.

Key Points:

A magistrate may testify as a witness if the testimony concerns non-judicial functions or personal observations.
A magistrate cannot testify on judicial acts or deliberations in the case they are presiding over.
Compellability applies if testimony is not protected by state privilege.

Illustrative Case Law:

State of Punjab v. Jagjit Singh – Magistrates can testify on administrative acts but not on judicial orders.

Conclusion:

Magistrates are competent witnesses, with the restriction that judicial acts remain privileged.

Summary Table

Witness Type	Competent?	Compellable?	Notes
Dumb person	✅ Yes	✅ Yes	Testimony via writing/signs; court ensures clarity
Magistrate	✅ Yes	✅ Yes	Cannot testify on judicial acts; can testify on administrative/non-judicial acts

So in LL.B answer writing, you can include a subheading under Competency:

“Competency of Special Witnesses: Dumb Persons and Magistrates”

Dumb persons: Competent under Sec 125 BSA 2023; testify via non-verbal means.
Magistrates: Competent if non-judicial; judicial acts protected under Sec 129 (state privilege).

Witnesses under BSA, 2023: Competency, Compellability, Examination, and Privileges

Introduction

· The Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the modern Indian law on evidence, replacing the Indian Evidence Act, 1872.

· BSA covers competency and compellability of witnesses, examination procedures, and privileges.

· Witnesses are crucial in civil and criminal proceedings; BSA ensures both inclusivity and protection of rights.

1. Competency of Witnesses

Meaning: Competency refers to a person’s legal fitness to testify.

Relevant Sections:

· Sec 124 BSA, 2023 – Who is competent to testify

o Every person is competent unless the Court finds they cannot understand questions or give rational answers due to age, disease, or other incapacity.

· Sec 125 BSA, 2023 – Non-verbal witnesses

o Witnesses unable to speak can testify via writing, signs, or gestures, with court-provided assistance.

· Sec 126 BSA, 2023 – Husband and wife competent as witnesses in civil and criminal cases.

Key Points:

· Mental or physical disability does not automatically disqualify a witness.

· Inclusion of non-verbal testimony ensures accessibility.

Illustrative Case Law:

· Courts under the IEA precedent (still relevant under BSA) have upheld testimony of mentally challenged or young children if they can understand questions and respond rationally.

2. Compellability of Witnesses

Meaning: Compellability refers to the legal obligation to testify.

Relevant Sections:

· Sec 150 BSA, 2023 – Court may compel witness to answer if competent.

· Sec 151 BSA, 2023 – Court’s discretion in compelling answers.

Key Points:

· Competent witnesses are generally compellable, subject to privileges (spouse, state secrets, professional).

· Certain witnesses like judges or spouses may refuse under specific privileges.

Principle:

· Ensures witnesses contribute to justice while protecting sensitive communications.

3. Examination of Witnesses

Relevant Sections:

· Sec 140–169 BSA, 2023 – Chapter X deals with examination.

Types of Examination:

1. Examination-in-Chief – Initial testimony by the party calling the witness (Sec 142).

2. Cross-Examination – Questions by opposing party to test credibility (Sec 142–149).

3. Re-Examination – Clarification after cross-examination (Sec 142).

Key Rules:

· Sec 146 – Leading questions generally not allowed during examination-in-chief.

· Sec 141 – Court controls admissibility and relevance of evidence.

· Sec 144 – Witnesses producing only documents are examined differently.

Objective:

· Ensure fair, orderly, and relevant evidence, while preventing abuse of cross-examination.

4. Privileges

(a) State Privilege

Meaning: Certain communications may not be disclosed in the interest of public safety or state affairs.

Relevant Sections:

· Sec 129 BSA, 2023 – Communications relating to affairs of state.

· Sec 130 BSA, 2023 – Official communications by public servants.

Key Points:

· Court may refuse to compel disclosure if it endangers public interest or national security.

· Ensures sovereign affairs remain confidential.

Illustrative Case:

· Precedent under IEA: Secretary, Ministry of Defence v. Mohd. Afzal – official communications privileged.

(b) Private Privilege

Meaning: Confidential communications between certain persons are protected.

Relevant Sections:

· Sec 128 BSA, 2023 – Spousal communications during marriage.

· Sec 132–134 BSA, 2023 – Professional communications: advocate-client or legal adviser-client.

· Sec 137 BSA, 2023 – Protection against self-incrimination (compelled testimony cannot be used for prosecution, except for false evidence).

Key Points:

· Privileges protect personal or professional confidentiality.

· BSA 2023 distinguishes:

o Practising advocate – full privilege.

o In-house counsel – limited privilege (Sec 134).

Illustrative Case Law:

· Supreme Court, Suo Motu Writ Petition (Criminal) No. 2 of 2025 – In-house counsel communications not fully privileged; partial protection under Sec 134.

5. Conclusion

· Competency & Compellability: BSA ensures witnesses fit to testify are heard while balancing compulsion with privileges.

· Examination: Structured for fairness, relevance, and procedural control.

· Privileges: Clearly categorized into state and private, protecting public and private interests.

· Overall: BSA 2023 modernizes evidence law, protecting both justice and confidentiality.

Tuesday, November 18, 2025

Important Topics : Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023)

**FACTS IN ISSUE, RELEVANT FACTS & DOCUMENTARY EVIDENCE

1. Introduction

2. FACTS IN ISSUE

(Section 2(1)(n), Chapter I – Preliminary)

2.1 Meaning

2.2 Characteristics

2.3 Example

2.4 Case Laws

3. RELEVANT FACTS

(Chapter II – Relevancy of Facts, Sections 3 to 50 of BSA 2023)

3.1 Meaning

3.2 Statutory Categories of Relevancy (Sections 3–50)

A. Motive, Preparation & Conduct – Section 6

B. Facts Forming Part of the Same Transaction – Section 8

C. Conspiracy – Section 10

D. Admissions (Sections 15–20)

E. Confessions (Sections 21–30)

F. Statements of Dead Persons (Section 26)

G. Character Evidence (Sections 34–35)

H. Expert Opinions (Sections 43–44)

I. Facts showing State of Mind (Section 13)

4. Distinction Between Facts in Issue & Relevant Facts

5. DOCUMENTARY EVIDENCE

(Chapter IV – Sections 57 to 90 of BSA 2023)

5.1 Meaning

6. TYPES OF DOCUMENTARY EVIDENCE UNDER BSA, 2023

A. Primary Evidence – Section 57

B. Secondary Evidence – Section 58

7. ELECTRONIC EVIDENCE UNDER BSA 2023

Key Features

Relevant Case Laws (still applicable)

8. Importance of Documentary Evidence

9. Inter-relationship of Concepts

10. Conclusion

**EVIDENCE: PROVED, DISPROVED & NOT PROVED

1. Introduction

2. “Proved” – Section 2(1)(q), Chapter I (BSA 2023)

2.1 Statutory Definition

2.2 Key Elements

2.3 Illustration

2.4 Case Law

3. “Disproved” – Section 2(1)(j), Chapter I (BSA 2023)

3.1 Statutory Definition

3.2 Key Elements

3.3 Illustration

3.4 Case Law

4. “Not Proved” – Section 2(1)(r), Chapter I (BSA 2023)

4.1 Statutory Definition

4.2 Key Elements

4.3 Illustration

4.4 Case Law

5. Distinction Between Proved, Disproved & Not Proved

6. Relationship with Burden of Proof (Sections 104–114 BSA 2023)

If a party proves a fact → burden discharged.

If a party’s fact is disproved → burden fails.

If a party’s fact is not proved → burden remains unmet → case fails.

7. Importance of These Concepts

8. Conclusion

**MAY PRESUME, SHALL PRESUME, AND CONCLUSIVE PROOF

1. Introduction

2. MAY PRESUME – Section 51, Chapter III

2.1 Meaning

2.2 Key Features

2.3 Illustration

3. SHALL PRESUME – Section 52, Chapter III

3.1 Meaning

3.2 Key Features

3.3 Illustration

3.4 Difference from May Presume

4. CONCLUSIVE PROOF (IRREBUTTABLE PRESUMPTION) – Section 53, Chapter III

4.1 Meaning

4.2 Key Features

4.3 Illustration

5. Distinction Among May Presume, Shall Presume & Conclusive Proof

6. Sections & Chapters in BSA 2023

7. Importance of Presumptions in Evidence Law

8. Conclusion

**DIRECT AND CIRCUMSTANTIAL EVIDENCE