The Bharatiya Sakshya Adhiniyam, 2023 (the New Era of Evidence Law)

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Description
As we present Bharatiya Sakshya Adhiniyam, 2023: The New Era of Evidence Law, we are deeply grateful for the contributions that have shaped this essential guide to understanding India's transformed legal landscape regarding evidence law. We extend our profound gratitude to Justice Vijender Jain, Former Chief Justice of the Punjab and Haryana High Court, for enriching our work with a thought-provoking foreword. His insights have not only added a prestigious layer to our discussion but have also anchored the book in the practical wisdom that only a jurist of his calibre
can offer.
Special thanks are due to Sh Kamal Dahiya, Advocate, Punjab and Haryana High Court, whose meticulous suggestions have immensely enhanced this manuscript's quality. His expert perspective on complex legal nuances has been invaluable in ensuring that the content we present is both accurate and highly applicable in the field. We must also acknowledge the tireless efforts of Sh Sunil Kumar Garwan, Personal Assistant in The Bharat Scouts and Guides, whose dedication behind the scenes has brought this manuscript to life. From organising and proofreading to the intricate details of book design, his hard work and labour have been crucial in transforming our vision into a tangible resource. Further, our heartfelt appreciation goes to Mrs Dheera Khandelwal, IAS(R), for her unwavering support and intellectual contributions throughout the development of this book. Her extensive knowledge and insight have significantly influenced the depth and breadth of the discussions contained within these pages.
The Bharatiya Sakshya Adhiniyam, 2023 marks a decisive shift in the Indian judicial system, reflecting changes necessitated by both technological advances and evolving societal values. This legislation introduces a modern framework for handling evidence, aiming to address the challenges presented by digital communication and the need for a fair judicial process. Our book delves into these changes with comprehensive analysis and commentary, facilitating a deeper understanding of the new evidence law's implications and applications.
This book is designed to be an indispensable resource for legal practitioners, judges, and academics alike, offering clarity and insight into the Bharatiya Sakshya Adhiniyam, 2023. By capturing the essence of the new law and its practical applications, we aim to equip our readers with the knowledge to navigate the complexities of evidence in modern legal environments effectively. We hope that this work will serve as both a guide and an inspiration for those committed to upholding justice and integrity in the legal profession.
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Contents
Chapter 1. Revolutionising Justice: India's New Criminal Laws and Law of Evidence
Chapter 2. Comprehensive Reform of Evidence Law - Bharatiya Sakshya Adhiniyam
Chapter 3. Structure and Function of the Bharatiya Sakshya Adhiniyam, 2023
Chapter 4. Applicability and Commencement of Bharatiya Sakshya Adhiniyam
Chapter 5. Evidence and Different Kinds of Evidence
Chapter 6. Facts, Facts in Issue, and Relevant Fact
Chapter 7. Facts Proved, Disproved, and Not Prov
Chapter 8. Presumptions and Their Judicial Implications
Chapter 9. Evidence Only on Facts in Issue and Relevant Facts and No Others
Chapter 10. Relevancy of Facts Forming Part of Same Transaction
Chapter 11. Evidential Dynamics: Occasion, Cause or Effect, Motive and Conduct
Chapter 12. Relevancy of Auxiliary Facts
Chapter 13. Test Identification Parade
Chapter 14. Other Connected Fact
Chapter 15. Other Connected Facts II
Chapter 16. Admissions
Chapter 17. Confessions
Chapter 18-Rules of Inadmissibility of Confessions and their Exceptions
Chapter 19-Relevance of Statements from Unavailable Declarants
Chapter 20-Dying Declaration
Chapter 21-Statements under Special Circumstances When Relevant
Chapter 22-Judgments of Courts When Relevant
Chapter 23-Expert Evidence
Chapter 24-Opinion as to Handwriting and Digital Signature, when Relevant
Chapter 25. Opinion as to Custom, Usages, and Relationship when Relevant
Chapter 26-Relevancy of Character
Chapter 27-Facts of which Evidence Need Not be Given
Chapter 28-Oral Evidence
Chapter 29-Documentary Evidence - Proving Content of Documents
Chapter 30-Documentary Evidence - Authentication of Documents
Chapter 31-Documentary Evidence - Validation of Public Documents
Chapter 32-Exclusion of Oral Evidence by Documentary Evidence – The Best Evidence Rule.
Chapter 33-Ambiguous Documents
Chapter 34-Burden of Proof 1
Chapter 35-Burden of Proof II.
Chapter 36-Burden of Proof in Special Circumstances
Chapter 37-Presumptions (Rules Limiting Judicial Freedom of Drawing Inference).
Chapter 38-Presumptions as to Documents
Chapter 39-Conclusive Proof of Legitimacy
Chapter 40-Presumption in Offences Against Women
Chapter 41-Doctrine of Estoppel (Facts which the Parties are Prohibited from Proving).
Chapter 42-Promissory Estoppel
Chapter 43-Special Instances of Estoppel
Chapter 44-Estoppel and Other Concepts
Chapter 45-Privileged Communications I
Chapter 46-Privileged Communications II
Chapter 47-Accomplice and Approver Evidence
Chapter 48-Competency of Witnesses
Chapter 49-Sufficiency of Witnesses
Chapter 50-Examination of Witnesses
Chapter 51-Cross-Examination
Chapter 52-Hostile Witness
Chapter 53-Corroboration of Evidence
Chapter 54-Refreshing Memory
Chapter 55-Document Production in Legal Proceedings
Chapter 56—Judicial Inquiry and Evidence Production
Chapter 57-Handling of Improper Admission and Rejection of Evidence
Chapter 58-Transition from the Indian Evidence Act to Bharatiya Sakshya Adhiniyam - Repeal and Savings
Summary of Comparison of Provisions of BSA and IEA
Epilogue
Subject Index
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Author Details
Dr K K Khandelwal, is a former Indian civil servant, engineer, legal expert, author, and academician. He currently serves as the Chief National Commissioner of the Bharat Scouts and Guides in New Delhi. Prior to this, he held the position of Chairman of the Haryana Real Estate Regulatory Authority in Gurugram. Dr K K Khandelwal's contributions span across his roles in civil service, academia, and legal literature. His work, particularly in the field of real estate regulation and scout leadership, alongside his academic contributions, has been widely recognized. His interdisciplinary research and publications reflect his broad range of academic pursuits and professional engagements.