Ratanlal and Dhirajlal - Bharatiya Sakshya Adhiniyam, 2023 (BSA) (2 Volumes)

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Description
This edition is occasioned on account of the coming into force of "The Bharatiya Sakshya Adhiniyam", 2023 which has repealed the Indian Evidence Act, 1872 on and from 01 July 2024. The principal reason for the overhaul appears to be Parliament's avowed object of dealing with advancements in electronic and digital records/evidence. The definition of "evidence" has now been recast to include evidence given electronically. This is of great importance since the handling of evidence given electronically will assume significance in the days to come. We are, however, intrigued as to why Parliament has chosen to retain the outmoded Section 65A and 65B of the Evidence Act, 1872 by re-enacting them substantially in similar form as Section 62 and 63 of the BSA, 2023. As has been pointed out in the earlier editions, Sections 65A and 65B were introduced on the basis of the provisions of the Civil Evidence Act, 1968 of the United Kingdom. This law was repealed in the mid-1990's by British Parliament as by that time the use of electronic devices had become familiar to the layman. Regrettably, these outmoded provisions were enacted as Section 65A and 65B of the Indian Evidence Act in 2000, which have now been re-enacted as Sections 62 and 63 under the BSA, 2023.
We only pause to observe that the entire basis of these amendments appears to be grounded on the premise that these laws were enacted by our erstwhile colonial masters. This argument, though superficially attractive, does appear to be sound for it may well be said that the Indian Judicial System is itself a creation of the British dating back to the creation of the Supreme Court of Calcutta pursuant to the enactment of the Regulating Act, 1773. The laws and the Court system created by the British have now acquired a sense of autochthony, with their indigenous roots going back over 250 years. It is perhaps for this reason that the BSA, 2023 has not been able to overhaul or displace the core principles of Sir James Stephen's masterpiece on the law Evidence. The principles relating to relevancy, admissibility and proof together with the basic principles regarding presumptions, estoppels and evidentiary burdens have remained just the same. Consequently, the case law under the Indian Evidence Act would continue to remain relevant and guide the interpretation of the provisions of the BSA, 2023 as well.
This edition has captured the case law that has emerged between 2021 until today. While all effort has been made to make this work error free, any omission or error is nonetheless regretted.
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Table of Contents
Part I
Chapter 1. Preliminary
Part II
Chapter 2. Relevancy of Facts
Vol 2
Part III On Proof
Chapter 3. Facts which Need not be Proved
Chapter 4. of Oral Evidence
Chapter 5. of Documentary Evidence
Chapter 6. of the Exclusion of Oral by Documentary Evidence
Part IV Production  and Effect of Evidence
Chapter 7. Of the Burden of Proof
Chapter 8. Estoppel
Chapter 9. Of Witnesses
Chapter 10. Of Examination of Witnesses
Chapter 11. Of Improper Admission and Rejection of Evidence
Chapter 12. Repeal and Savings
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Author Details
N Vijayaraghavan, Advocate, High Court of Madras
Sharath Chandran, Advocate, Madras High Court