The Bharatiya Sakshya Adhiniyam, 2023 Repealing the Indian Evidence Act, 1872

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Description
Law of Evidence is an important area of law having day to day application in litigation. Thorough grasp over Law of Evidence is very essential for a litigation lawyer. Study of law of Evidence though challenging, is quite fascinating and engaging.
Developing an inclination and studying this interesting subject reasonably well while in law college and in the initial years of practice will help shape you well as a Lawyer. Theoretical study and practical exposure in advocacy would complement each other and help you in expertise the subject.
Because of its practical day to day application in litigation, Law of Evidence is a major subject in the Judicial Service and Public Prosecutor Exams.
This Descriptive study material/Commentary on the Law of Evidence is prepared to cater the needs of Lawyers, Judicial Service and Public Prosecutor Exams aspirants, and LLB Students.
This text is divided into 28 topic wise chapters and is in tune with the new law on evidence 'the Bharatiya Sakshya Sanhita 2023'.
The Bharatiya Sakshya Adhiniyam, 2023 was passed by the Parliament on December 21, 2023 and received the assent of the President on December 25, 2023.
On 24th February 2024 the Government through Ministry of Home Affairs issued notification specifying 1st day of July 2024 as the appointed date of commencement of the Bharatiya Sakshya Adhiniyam, 2023.
The Indian Penal Code (IPC), 1860 and the Code of Criminal Procedure (Cr.P.C.), 1973 are also getting replaced by Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023 respectively.
From the appointed date i.e., 1st of July 2024, the Bharatiya Sakshya Adhiniyam, 2023 has replaced the long-standing Indian Evidence Act, 1972. But the Indian Evidence Act will continue to apply to trials which began before the appointed date and are pending.
With respect to the Bharatiya Sakshya Adhiniyam, 2023, substance wise there aren't much changes from the Indian Evidence Act, 1972. All the time-tested basic concepts of our law of evidence remain the same and are retained. The sections in the Indian Evidence Act have been re-arranged with a few changes here and there and a few otiose provisions have been omitted.
Because of this total overhauling, now the legal practitioners and students would be put to the daunting task of relearning the numbers of the sections in tune with the new Adhiniyam. This task of relearning the provisions cannot now be avoided by lawyers and academicians.
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Table of Contents
Chapter 1. Meaning of Evidence Historical Development of Law of Evidence in India, General Scheme of the Bharatiya Sakshya Adhiniyam, 2023 and its Applicability
Chapter 2. Interpretation Clause - "Fact" Fact in Issue", "Issue of Fact" and Proved, Disproved not Proved
Chapter 3. Meaning of Relevant and Relevancy, Distinction between Logical Relevancy and Legal Relevancy Distinction between Relevancy and Admissibility and Privileged Communications etc.
Chapter 4. Relevancy under Sections 4, 5 and 6 of the Bharatiya Sakshya Adhiniyam
Chapter 5. Relevancy of Facts which are Explanatory or Introductory of the other Relevant Facts, Etc under Section 7 of the Bharatiya Sakshya Adhiniyam including Law Relating to Identification Parade
Chapter 6. Relevancy of things said or done by Conspirators in Reference to their common object under Section 8
Chapter 7. Relevancy under Sections 9 to 14 of the Bharatiya Sakshya Adhiniyam (Sections 11 to 16 of the Evidence Act)
Chapter 8. Admissions in General under Sections 15 to 21 and 25 of the Bharatiya Sakshya Adhiniyam
Chapter 9. Confessions in General
Chapter 10. Relevancy of information and Discovery under the Provinso to Section 23 of the Bharatiya Sakshya Adhiniyam (Section 27 of the Evidence Act)
Chapter 11. Confession of the Co-Accused under Section 24 and Accomplice's Evidence under Section 138
Chapter 12. Statements by Persons who cannot be Called as Witness including dying Declaration
Chapter 13. Statements made under Special Circumstances
Chapter 14. Relevancy of Judgments
Chapter 15. Relevancy of opinion - opinion Evidence
Chapter 16. Character Evidence
Chapter 17. Facts which need not be Proved
Chapter 18. Oral Evidence
Chapter 19. Documentary Evidence
Chapter 20. Admissibility of Electronic Records
Chapter 21. Mode of Proof of Execution of a Document Required to be Attested by Law
Chapter 22. Presumptions
Chapter 23. Exclusion of Oral Evidence by Documentary Evidence
Chapter 24. Burden of Proof
Chapter 25. Estoppel
Chapter 26. Competency and Compellability of Witness
Chapter 27. Examination of Witness
Chapter 28. Appreciation of Evidence
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Author Details
Nizam Azeez Sait