Bharatiya Sakshya Adhiniyam, 2023 -Prof. S.D Basu / Editorial Board Of ALA

Bharatiya Sakshya Adhiniyam,2023 by Prof. S.D Basu / Editorial Board Of ALA is a law textbook published by Allahabad Law Agency.

Written with the needs of law students in mind, it explains the principles and provisions of the subject in a systematic and readable manner, making it a dependable companion for coursework and examination preparation.

Key highlights:

• Systematic, student-friendly treatment of the subject
• Suited to the LL.B. syllabus and competitive examinations
• A trusted Allahabad Law Agency title

What’s Inside — Complete Section Map (170 Sections, 12 Chapters)

A section-by-section commentary on the Bharatiya Sakshya Adhiniyam, 2023, now in its Fourth Edition, opening with a Table of Cases and a Correspondence Table and Comparison Summary against the Indian Evidence Act, 1872 — followed by an introduction covering substantive and adjective law, the history of the law of evidence in India, the features of the new Act (electronic records, secondary evidence, oral evidence, joint trials), lex fori, the scheme of the Act, and the distinction between facts in issue, relevant facts, relevancy and admissibility.

Part I — Preliminary (Sections 1–2): short title, application, commencement and the definitions clause.

Part II — Relevancy of Facts (3–50): evidence of facts in issue · closely connected facts and res gestae · occasion, cause and effect · motive, preparation and conduct · facts explaining or introducing relevant facts · things said or done by a conspirator · facts relevant to damages, custom, state of mind, accident or intention, and course of business · Admissions (15–21) and Confessions (22–25) — confession caused by inducement, threat, coercion or promise, confession to a police officer, and the effect of a proved confession on co-accused · statements by persons who cannot be called as witnesses (26–27), the dying-declaration provision · statements under special circumstances — books of account, public and electronic records, maps and charts, and statements of law in books including electronic form · judgments of courts when relevant (34–38) · opinions of experts (39–45) including handwriting, custom, usages and relationship · character evidence (46–50).

Part III — On Proof (51–104): facts which need not be proved and judicial notice · oral evidence and the rule that it must be direct · documentary evidence (56–73) — proof of contents, primary and secondary evidence and when secondary evidence may be given, the electronic and digital record provisions (Sections 61–63), notice to produce, proof of signature, electronic signature and verification of digital signature, attested documents, comparison of signatures, public documents and certified copies, and the full set of presumptions (78–93) including electronic agreements, electronic records and signatures, electronic messages, thirty-year-old documents and five-year-old electronic records · exclusion of oral by documentary evidence (94–103) and the rules on ambiguous documents.

Part IV — Production and Effect of Evidence (105–170): Burden of Proof (105–120) — on whom it lies, facts especially within knowledge, exceptions in criminal cases, presumptions as to legitimacy, and the statutory presumptions in prosecutions relating to married women and dowry death · Estoppel (121–123) · Witnesses (124–139) — competency, spouses as witnesses, judges and magistrates, communications during marriage, affairs of State, professional and confidential communications, self-incrimination, and accomplice evidence · Examination of Witnesses (140–168) — order of examination, examination-in-chief, cross-examination and re-examination, leading questions, cross-examination as to previous statements in writing, impeaching credit, corroboration, refreshing memory, and the judge’s power to put questions · improper admission and rejection of evidence (169) · repeal and savings (170), with the Schedule.