1. Doctrine of Res Gestae.

Introduction

The Doctrine of Res Gestae, derived from the Latin phrase meaning "things done," is a
principle of evidentiary law that deals with the admissibility of facts, statements, or actions so
closely connected to the facts in issue that they form part of the same occurrence. Under
Section 5 of The Bharatiya Sakshya Adhiniyam, 2023, the doctrine allows certain facts to be
admitted as evidence even if they are not directly in issue but are relevant as the occasion,
cause, or effect of the facts in question.

Main Points or Content

1. Provisions Under Section 5

Section 5 of the Bharatiya Sakshya Adhiniyam, 2023, provides:
"Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or
facts in issue, or which constitute the state of things under which they happened, or which
afforded an opportunity for their occurrence or transaction, are relevant."

This section underscores the importance of the relationship between the facts in issue and
surrounding circumstances that give context to the main transaction.

2. Essential Features of Res Gestae

• Occasion, Cause, or Effect: Includes facts that provide the backdrop, trigger, or
result of the main event.
• State of Things: Facts that establish the condition or environment in which the fact in
issue occurred are relevant.
• Opportunity for Occurrence: Details or events that facilitated the occurrence of the
main transaction are admissible.

3. Illustrations from the Act

• If a robbery occurs at a fair, facts that show the victim displayed money at the fair
shortly before the incident are relevant as the occasion for the crime.
• In a case of alleged poisoning, the victim's health prior to and during the
administration of poison and any relevant habits or circumstances are admissible as
part of the res gestae.
• Evidence of a struggle, such as marks on the ground, at or near the place of an alleged
murder, is admissible as it forms part of the transaction.

4. Practical Implications
This doctrine ensures that evidence directly linked to the event is considered, providing a
holistic view of the incident. It eliminates the risk of isolating facts from their relevant
context, thereby aiding the court in establishing the truth.

Case Laws Related to the Doctrine

 1. Pakala Narayana Swami v. Emperor (1939)
The Privy Council held that statements forming part of the res gestae are admissible if
they are so connected with the transaction in question that they illustrate its nature.
2. Gentela Vijayavardhan Rao v. State of Andhra Pradesh (1996)
In this case, the Supreme Court emphasized the necessity of spontaneity for
statements to qualify under the doctrine, ruling that delayed statements fail to
maintain their connection with the main transaction.

Conclusion

The Doctrine of Res Gestae, as enshrined in Section 5 of The Bharatiya Sakshya Adhiniyam,
2023, ensures that the evidentiary framework accommodates facts intricately tied to the facts
in issue. By admitting evidence that reflects the occasion, cause, or effect of the transaction,
the doctrine bolsters the reliability of the judicial process. Its focus on contemporaneity and
causal connection makes it an indispensable tool for presenting a cohesive narrative of events
in court proceedings.

2. When facts not otherwise relevant become relevant.

Introduction
Section 9 of The Bharatiya Sakshya Adhiniyam, 2023, plays a crucial role in the law of
evidence by expanding the scope of admissibility to include facts that are not directly relevant
but significantly impact the determination of facts in issue or other relevant facts. This
section ensures that the evidentiary process considers not only the facts explicitly tied to the
case but also those indirectly connected, which could either contradict or substantiate the
facts in issue.
By incorporating collateral facts, Section 9 provides a more nuanced approach to judicial
analysis. This provision safeguards against undue exclusion of evidence that might, in
conjunction with other facts, influence the probability of a fact’s existence or non-existence,
thereby aiding in the delivery of justice.

Main Points or Content

1. Statutory Language of Section 9
Section 9 states:
"Facts not otherwise relevant are relevant—
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence
of any fact in issue or relevant fact highly probable or improbable."
This section bridges the gap between direct and indirect relevance, emphasizing how
seemingly minor or unrelated facts can influence the overall assessment of the case.

2. Key Features of Section 9

 • Inconsistency with Facts in Issue:
Facts that directly contradict the facts in issue or relevant facts become critical under
this section. For instance, if the accused claims to be at a particular location at the
time of the offense, any evidence suggesting otherwise holds probative value.
• Connection with Other Facts:
Section 9 recognizes the cumulative effect of multiple facts. Even if a fact alone does
not hold significant weight, its interaction with other facts can create a pattern or
inference relevant to the case.
• Illustrations from the Act:
The Bharatiya Sakshya Adhiniyam, 2023, provides clear examples to elucidate the
application of Section 9:
o If the question is whether A committed a crime in Chennai on a particular day,
evidence proving A's presence in Ladakh on the same day becomes relevant,
as it directly affects the probability of A’s involvement in the crime.
o When a crime could have been committed by one of several individuals—A,
B, C, or D—facts eliminating the likelihood of B, C, and D’s involvement are
relevant as they indirectly point to A's potential guilt.

3. Importance in Judicial Proceedings

The primary aim of Section 9 is to ensure that courts do not operate in isolation when
assessing evidence. By allowing indirect facts to come into play, this provision creates a
holistic framework for evaluating the circumstances surrounding the facts in issue.
Some practical examples include:
• Alibi Evidence: If an accused claims to be in another city during the crime, travel
tickets, witness statements, and CCTV footage can be admitted under Section 9 to test
the veracity of the claim.
• Establishing Motive or State of Mind: Facts like a prior quarrel between the
accused and the victim may not directly prove the crime but can indicate motive,
making them relevant.

Case Laws Related to Section 9

1. Bhagwan Singh v. State of Madhya Pradesh (2003)
This case dealt with the importance of alibi evidence. The court held that facts showing the
improbability of the accused’s presence at the crime scene are relevant under Section 9. The
evidence of the accused’s presence elsewhere at the relevant time was pivotal in establishing
his innocence.
2. Hanumant v. State of Madhya Pradesh (1952)
This landmark case is a precedent in using circumstantial evidence under Section 9. The court
emphasized that facts indirectly proving or disproving the main issue, when combined with
other evidence, could decisively influence the outcome of the case.

Conclusion
Section 9 of The Bharatiya Sakshya Adhiniyam, 2023, demonstrates the legal system’s
flexibility in considering all evidence that can logically impact the outcome of a case. By
admitting facts that indirectly connect to the facts in issue, this section ensures a broader,
more inclusive evidentiary approach, aiding in uncovering the truth.
The provision’s focus on indirect relevance reinforces the judicial commitment to fairness
and equity, ensuring that no stone is left unturned in the quest for justice. Through its
thoughtful application, Section 9 continues to enhance the evidentiary process, underscoring
its indispensability in legal proceedings.

3. Admissions and Confessions.

Introduction
Admissions and confessions are fundamental concepts in the law of evidence, forming an
integral part of judicial proceedings. Under Sections 15 to 25 of The Bharatiya Sakshya
Adhiniyam, 2023, admissions are defined as statements suggesting inferences as to facts in
issue or relevant facts, made by specified persons under specific circumstances. Confessions,
on the other hand, are a subset of admissions, referring specifically to acknowledgments of
guilt by an accused person in criminal proceedings. These provisions establish rules for their
admissibility, relevance, and evidentiary value to ensure fair trials.

Main Points or Content

1. Admissions (Sections 15 to 21)
• Definition under Section 15:
An admission is a statement—oral, documentary, or electronic—suggesting an
inference regarding any fact in issue or relevant fact, made by persons under the
circumstances outlined in the Act.
• Admission by Parties (Section 16):
Statements by a party to the proceeding or their authorized agents are admissions,
provided they are made within the scope of authority granted.
• Special Cases (Sections 17-18):
Admissions by individuals whose liability is in question, or those expressly referred to
by a party for information, are considered relevant.
• Proof of Admissions (Section 19):
Admissions are relevant and can be used as evidence against the party who made
 them or their representatives. However, they cannot be self-serving and must satisfy
the conditions prescribed in the Act.
• Limitations on Oral Admissions (Section 20):
Oral admissions as to the content of documents are not relevant unless conditions for
secondary evidence are met.
• Admissions in Civil Cases (Section 21):
Admissions in civil cases are inadmissible if made under conditions excluding their
use as evidence, unless permitted by the court.

2. Confessions (Sections 22 to 25)

• Inducement, Threat, or Coercion (Section 22):
Confessions made under inducement, threat, or coercion are inadmissible if these
factors provide reasonable grounds for the accused to believe that making the
confession would gain them advantage or avert harm.
• Confession to Police Officers (Section 23):
Confessions made to police officers are inadmissible unless made in the immediate
presence of a magistrate. However, information leading to the discovery of a fact may
be admissible even if obtained during custody.
• Joint Trials (Section 24):
Confessions made by one accused can be considered against co-accused in joint trials,
provided the confession directly implicates both parties.
• Admissions as Estoppels (Section 25):
Admissions are not conclusive proof but can operate as estoppels, barring a party
from denying statements made earlier under specified conditions.

Illustrations and Case Laws

Illustrations from the Act:
1. Statements made by an agent authorized by a party in a transaction are relevant as
admissions by the party.
2. In a murder trial, if the accused provides information that leads to the discovery of the
murder weapon, this part of the confession is admissible, even if made to a police
officer.
Relevant Case Laws:
1. Pakala Narayana Swami v. Emperor (1939):
The Privy Council held that confessions include all inculpatory statements that either
wholly or partially implicate the accused in the offense.
 2. Aghnoo Nagesia v. State of Bihar (1966):
The Supreme Court ruled that statements made to a police officer are inadmissible,
except for the part leading to the discovery of a fact under the proviso of Section 23.

Conclusion
The provisions under Sections 15 to 25 of The Bharatiya Sakshya Adhiniyam, 2023,
encapsulate the nuanced approach of the law towards admissions and confessions, ensuring
they are used judiciously to ascertain the truth while protecting the rights of individuals.
These sections strike a balance between the probative value of such statements and
safeguards against misuse, thus fostering justice and fairness in judicial proceedings.

4. Judgements when relevant.

Introduction

Sections 34 to 38 of The Bharatiya Sakshya Adhiniyam, 2023, govern the admissibility and
relevance of judgments, orders, and decrees in subsequent proceedings. These provisions aim
to balance the need for judicial efficiency by preventing repetitive litigation and ensuring that
judgments are relevant only when they directly bear on the issues in subsequent cases. While
some judgments are treated as conclusive, others are admitted as relevant evidence without
being conclusive proof.

Main Points or Content

1. Judgments Relevant to Bar a Second Suit or Trial (Section 34)

Section 34 states:
"The existence of any judgment, order, or decree which by law prevents any court from
taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether
such court ought to take cognizance of such suit or to hold such trial."
This provision incorporates the principle of res judicata, ensuring that matters already
adjudicated by a competent court are not retried, thereby preserving judicial resources and
avoiding contradictory rulings.

2. Relevance of Certain Judgments in Probate, Matrimonial, Admiralty, or Insolvency

Jurisdiction (Section 35)
Under Section 35:

• Final judgments, orders, or decrees by a competent court in specific jurisdictions (e.g.,

probate, matrimonial, admiralty) are relevant when they declare or affect legal
character or title.
• Such judgments are conclusive proof of:
o The accrual or cessation of legal character or title at the time specified.
 o Ownership or entitlement declared in the judgment.

3. Judgments Relating to Public Matters (Section 36)

Judgments, orders, or decrees concerning matters of public interest are relevant but are not
conclusive proof of what they state.
Example: In a trespass case, a prior decree affirming the existence of a public right of way is
relevant but does not conclusively establish the right.

4. Other Judgments (Section 37)

Section 37 restricts the relevance of judgments, orders, or decrees not covered by Sections
34, 35, or 36 unless:

• The existence of such judgment is itself a fact in issue.

• The judgment is relevant under another provision of the Act.
Illustrations:
• A judgment convicting a person of theft is irrelevant in a subsequent civil dispute over
ownership of the stolen property unless it shows motive or intent.

5. Fraud, Collusion, or Incompetence in Obtaining Judgments (Section 38)

Section 38 permits parties to challenge the validity of judgments presented as evidence if they
were:

• Delivered by an incompetent court.

• Obtained through fraud or collusion.
This ensures that only lawful and fair judgments influence subsequent proceedings.

Case Laws Related to the Provisions

1. Lal Chand v. Radha Kishan (1977)

The court held that a prior judgment in a civil case is inadmissible in a criminal
proceeding unless the existence of the judgment itself is a fact in issue under Section
37.
2. Karan Singh v. Union of India (1997)
This case emphasized that judgments in matters of public interest (e.g., Section 36)
are not conclusive proof but are relevant as circumstantial evidence to establish the
context of a dispute.

Conclusion

Sections 34 to 38 of The Bharatiya Sakshya Adhiniyam, 2023, provide a structured approach

to determining the relevance of judgments in subsequent proceedings. By distinguishing
between conclusive and non-conclusive judgments, these provisions uphold the principles of
judicial finality and fairness. They ensure that prior adjudications are used judiciously,
preventing misuse while safeguarding against fraudulent or incompetent judgments. These
provisions enhance the integrity and efficiency of the judicial process, making them
indispensable for the administration of justice.
 5. Statements by persons who cannot be called as witnesses.
Introduction
Sections 26 and 27 of The Bharatiya Sakshya Adhiniyam, 2023, address the admissibility of
statements made by individuals who are unavailable to testify in court due to death,
incapacity, or other reasonable circumstances. These provisions ensure that critical evidence
is not excluded merely because the person who made the statement cannot appear as a
witness. Section 26 outlines specific conditions under which such statements are considered
relevant, while Section 27 deals with their relevance in proving facts in subsequent
proceedings. These sections uphold the principle of necessity in evidence law, ensuring
justice by allowing the use of such statements under defined safeguards.

Main Points or Content

1. Relevance of Statements by Unavailable Persons (Section 26)
Section 26 specifies that the written or verbal statements of persons who are dead, cannot be
found, are incapable of giving evidence, or whose presence cannot be procured without
unreasonable delay or expense, are relevant if:
• Statements Relating to the Cause of Death (Clause a):
Statements regarding the cause of death or circumstances leading to the death are
admissible, regardless of the declarant’s expectation of death.
• Statements in the Course of Business (Clause b):
Statements made during the ordinary course of business, such as entries in business
records or professional duty documents, are admissible.
• Statements Against Interest (Clause c):
Declarations against the pecuniary, proprietary, or criminal interest of the declarant
are relevant.
• Opinions on Public Rights (Clause d):
Statements on public rights or customs made before any controversy are admissible.
• Statements on Relationships (Clauses e and f):
Declarations regarding family relationships, made in documents like wills, family
pedigrees, or inscriptions, are admissible.
• Statements in Public or Legal Documents (Clause g):
Statements contained in documents like deeds or wills concerning specified
transactions are relevant.
Illustration:
If a deceased surgeon's diary records delivering a child on a certain date, this statement
becomes relevant in determining the child's date of birth.
2. Admissibility in Subsequent Proceedings (Section 27)
Section 27 provides that evidence given by a witness in a judicial proceeding or before an
authorized person is relevant in subsequent judicial proceedings if:
• The witness is deceased, cannot be found, is incapable of giving evidence, or has been
kept away by the adverse party.
• The proceedings involve the same parties or their representatives.
• The adverse party had the right and opportunity to cross-examine the witness in the
original proceedings.
This ensures that prior sworn testimony is preserved and utilized, maintaining the evidentiary
value of statements despite the unavailability of the original witness.

3. Legal Principles Underlying Sections 26 and 27

• Preservation of Evidence: These provisions prevent the loss of critical evidence due
to unavoidable circumstances.
• Safeguards Against Misuse: Conditions such as cross-examination opportunities and
relevance to the same parties or issues ensure fairness.

Case Laws Related to Sections 26 and 27

1. Pakala Narayana Swami v. Emperor (1939)
The Privy Council emphasized that statements under Section 26, particularly those
related to the cause of death, are admissible even if the declarant was not under the
immediate expectation of death.
2. R.M. Malkani v. State of Maharashtra (1973)
The Supreme Court ruled on the relevance of recorded statements, reinforcing the
principles of necessity and reliability under Section 27.

Conclusion
Sections 26 and 27 of The Bharatiya Sakshya Adhiniyam, 2023, exemplify the adaptability of
evidentiary law to practical challenges. By permitting the admission of statements from
unavailable individuals under strict safeguards, these provisions balance the necessity of
evidence with fairness to all parties. Their judicious application ensures that justice is not
hindered by technical limitations, reinforcing the integrity and inclusiveness of the judicial
process.
 6. Public and private documents.
Sections 74 to 77 of The Bharatiya Sakshya Adhiniyam, 2023, classify documents into public
and private categories and provide guidelines for their proof. Public documents are records or
acts maintained by public officials or authorities, while private documents are those not
covered under the definition of public documents. This classification is significant as it
determines the method of proving the contents of such documents in legal proceedings.

Main Points or Content

1. Public and Private Documents (Section 74)
Section 74 defines public documents as:
• Documents forming the acts or records of the acts of:
o The sovereign authority.
o Official bodies and tribunals.
o Public officers, legislative, judicial, and executive of India or foreign
countries.
• Public records maintained in any State or Union Territory of private documents.
All other documents not included under public documents are classified as private
documents.
Example:
A judgment issued by the Supreme Court of India or a municipal land registry is a public
document, while a personal contract between two individuals is a private document.

2. Certified Copies of Public Documents (Section 75)

Section 75 mandates that every public officer in custody of a public document must provide
certified copies upon demand, subject to payment of prescribed fees. These certified copies
must include:
• A certificate stating they are true copies of the original.
• The date and signature of the officer issuing the copy.
• A seal, if the officer is authorized to use one.
Such certified copies serve as evidence of the contents of public documents.

3. Proof of Public Documents (Section 76)

Section 76 allows the production of certified copies to prove the contents of public
documents. The certified copy must adhere to the procedures outlined in Section 75 and be
issued by the appropriate custodian of the document.
Example:
A certified copy of a land title deed issued by the revenue department can be used as
evidence in court without requiring the production of the original document.

4. Proof of Other Official Documents (Section 77)

Section 77 specifies the methods of proving various types of public documents, including:
• Acts, orders, or notifications by Central or State Governments, which can be proved
by certified departmental records or printed copies authorized by the government.
• Legislative proceedings, which can be proved by journals or officially printed Acts.
• Proclamations or regulations issued by the President, Governor, or other officials,
which can be proved by extracts from the Official Gazette.
• Foreign legislative or executive acts, which require certification by a recognized
authority or acknowledgment in a Central Act.
• Proceedings of municipal or local bodies, which can be proved by certified copies
from their legal keepers or published materials.

Case Laws Related to Public and Private Documents

1. Sital Das v. Sant Ram (1954)
The Supreme Court of India held that certified copies of public documents, if issued
by the proper authority, are admissible as evidence and do not require further
corroboration.
2. State of Bihar v. Sri Radha Krishna Singh (1983)
This case emphasized the distinction between public and private documents and
clarified the procedure for proving public documents using certified copies under
Section 75.

Conclusion
Sections 74 to 77 of The Bharatiya Sakshya Adhiniyam, 2023, play a pivotal role in
evidentiary law by streamlining the classification and proof of documents. By providing a
clear demarcation between public and private documents and establishing the evidentiary
value of certified copies, these provisions facilitate efficient judicial processes. The statutory
framework ensures reliability and authenticity while balancing the practicality of using
certified copies instead of original documents. These sections, thus, serve as a cornerstone in
the domain of documentary evidence.
 7. Oral and documentary evidence & Proof of electronic evidence.
Introduction
Chapters IV and V of The Bharatiya Sakshya Adhiniyam, 2023, comprehensively address the
principles of oral and documentary evidence, along with the standards for proving electronic
records. Oral evidence pertains to statements made by witnesses before a court, while
documentary evidence includes written or recorded materials presented for inspection. The
Act ensures the proper handling, verification, and admissibility of both forms of evidence,
with particular emphasis on the rising relevance of electronic records in contemporary legal
proceedings.

Main Points or Content

1. Oral Evidence (Sections 54 and 55)
• Section 54: Proof of facts by oral evidence
This section states that all facts, except the contents of documents, may be proved by
oral evidence. This ensures that facts perceived by witnesses through their senses are
admissible if directly relevant to the case.
• Section 55: Oral evidence to be direct
Oral evidence must be direct, meaning it must come from a witness who directly
perceived the fact in question through their senses.
o If the fact involves sight, the witness must testify that they saw it.
o If it pertains to sound, the witness must testify that they heard it.

2. Documentary Evidence (Sections 56 to 60)

• Section 56: Proof of contents of documents
Documents must be proved by either primary or secondary evidence as prescribed by
the Act.
• Section 57: Primary evidence
Primary evidence refers to the original document produced for inspection. This
includes all original parts and counterparts of documents executed in parts.
• Section 58: Secondary evidence
Secondary evidence includes certified copies, mechanically reproduced copies, or oral
accounts of a document's contents, provided the original cannot be produced due to
valid reasons.
• Section 59: Proof of documents by primary evidence
Documents are to be proved by primary evidence unless exceptions apply under
secondary evidence provisions.
• Section 60: Cases allowing secondary evidence
Secondary evidence is admissible when:
 o The original document is unavailable due to destruction or loss.
o The original is in possession of a person who cannot be compelled to produce
it.
o The document is a public document, or its certified copy is acceptable by law.

3. Electronic Evidence (Sections 61 to 73)

• Section 61: Admissibility of electronic records
Electronic records are admissible in the same manner as traditional documents,
ensuring their equal footing in evidentiary proceedings.
• Section 62: Special provisions for electronic records
The contents of electronic records can be proved following the conditions outlined in
Section 63.
• Section 63: Conditions for electronic records' admissibility
Information stored, recorded, or transmitted electronically is admissible if:
o The record was created or processed during regular use of the computer.
o The information is derived from regular inputs into the system.
o The system operated correctly during the material time.
• Section 73: Proof of digital signatures
Courts may require verification of digital signatures by directing individuals or
authorities to produce relevant digital certificates.

Case Laws Related to Oral and Electronic Evidence

1. State v. Navjot Sandhu (2005)
The Supreme Court of India emphasized the admissibility of electronic records such
as telephone call records under Sections 61 and 63. It also reiterated the conditions for
proving electronic evidence, ensuring their reliability.
2. Anvar P.V. v. P.K. Basheer (2014)
This landmark judgment clarified the necessity of compliance with Sections 63 and
65B for the admissibility of electronic records, emphasizing proper certification and
procedural adherence.

Conclusion
Chapters IV and V of The Bharatiya Sakshya Adhiniyam, 2023, provide a robust framework
for the admissibility, proof, and verification of oral, documentary, and electronic evidence.
By emphasizing directness in oral evidence, authenticity in documentary evidence, and
stringent procedural requirements for electronic records, the Act ensures that all forms of
evidence meet the standards of reliability and fairness. These provisions are essential for
addressing the complexities of modern evidentiary challenges, thereby upholding the
integrity of judicial proceedings.

8. Procedure for examination of witnesses.

Introduction

The examination of witnesses is a critical aspect of judicial proceedings, governed under

Chapter X (Sections 140 to 168) of The Bharatiya Sakshya Adhiniyam, 2023. These
provisions ensure a systematic approach to presenting and evaluating oral testimony. They
outline the methods for examining witnesses, the admissibility of their statements, and the
court's discretion in managing examinations to ascertain the truth while safeguarding fairness.

Main Points or Content

1. Order of Production and Examination of Witnesses (Section 140)

• The order of production and examination is regulated by existing procedural laws.

• In the absence of such laws, the court has discretion to decide the order to ensure
justice.

2. Admissibility of Evidence (Section 141)

• Judges determine the admissibility of evidence based on its relevance and connection
to facts in issue.
• If the relevance of one fact depends on another, the judge may require the latter to be
proved first.

3. Stages of Examination (Section 142-144)

• Examination-in-Chief: Conducted by the party calling the witness to establish facts

supporting their case.
• Cross-Examination: Conducted by the opposing party to test the credibility of the
witness.
• Re-Examination: Conducted by the original party to clarify matters raised during
cross-examination.

4. Leading Questions (Section 146)

• Leading questions, which suggest answers, are generally not allowed in examination-
in-chief or re-examination unless permitted by the court.
• They are freely allowed in cross-examination.

5. Cross-Examination (Sections 147-150)

 • Questions to test the witness's veracity, discover identity, or challenge credibility are
lawful.
• The court ensures that irrelevant, scandalous, or insulting questions are not allowed.

6. Memory and Documents (Sections 162-164)

• Witnesses may refresh their memory by referring to documents made

contemporaneously with the events.
• The adverse party has the right to inspect such documents and cross-examine the
witness on their contents.

7. Impeaching and Corroborating Witness Testimony (Sections 158-160)

• A witness’s credibility may be impeached through evidence of bias, contradiction, or

character.
• Corroboration of testimony is allowed through previous consistent statements or
independent evidence.

8. Judge’s Powers (Sections 165-168)

• Judges may ask questions at any stage of the trial to clarify facts.
• They can compel the production of documents or recall witnesses for further
examination.

Illustrations and Practical Application

1. Illustration from Section 143: A witness deposing about a contract must first be
examined by the party that called them (examination-in-chief), then by the opposing
party to test their credibility (cross-examination), and finally re-examined for
clarification.
2. Illustration from Section 165: A judge asks probing questions about a witness's
testimony on a disputed property to better understand the facts.

Case Laws Related to Examination of Witnesses

1. State of Uttar Pradesh v. Ramesh Prasad Misra (1996)

The court emphasized the significance of cross-examination as a tool to test the
truthfulness and reliability of a witness’s statement.
2. Kartar Singh v. State of Punjab (1994)
This case upheld the right of the judge to intervene during witness examination to
elicit necessary facts for clarity and justice.

Conclusion
The procedure for the examination of witnesses under Chapter X of The Bharatiya Sakshya
Adhiniyam, 2023, is foundational to the judicial process. These provisions ensure a structured
and fair approach to presenting oral testimony, emphasizing the reliability of evidence while
safeguarding the rights of all parties. By outlining detailed procedures and granting
discretionary powers to judges, the Act balances the pursuit of truth with procedural integrity,
thus fostering a fair trial.

9. Improper admission and rejection of evidence

Introduction

Section 169 of The Bharatiya Sakshya Adhiniyam, 2023, addresses the consequences of
improper admission or rejection of evidence in judicial proceedings. This provision ensures
that errors in evidentiary rulings do not automatically lead to retrials or reversals unless such
errors substantially affect the outcome of the case. The section emphasizes the principle of
judicial economy and finality of judgments while balancing the need for fairness.

Main Points or Content

1. Provision of Section 169

The text of Section 169 states:
"No new trial for improper admission or rejection of evidence—The improper admission or
rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in
any case, if it shall appear to the Court before which such objection is raised that,
independently of the evidence objected to and admitted, there was sufficient evidence to
justify the decision, or that, if the rejected evidence had been received, it ought not to have
varied the decision."

This provision ensures that procedural errors related to evidence do not automatically
invalidate judgments, provided the ultimate decision remains justifiable based on other
evidence.

2. Key Elements of Section 169

• Improper Admission or Rejection Defined:

o Improper admission refers to evidence admitted in violation of evidentiary
rules.
o Improper rejection involves excluding evidence that should have been
admissible under the law.
• No Automatic Grounds for Retrial:
Errors in evidentiary rulings must materially affect the outcome to warrant a retrial or
reversal.
• Sufficient Evidence Standard:
If the court finds that sufficient admissible evidence supports the decision
 independently, the judgment stands. Similarly, if the inclusion of improperly rejected
evidence would not have altered the decision, the judgment is upheld.

3. Practical Implications

• Judicial Efficiency:
Section 169 prevents frivolous appeals or retrials based on minor procedural errors,
ensuring judicial resources are used effectively.
• Substantial Justice:
The provision prioritizes the correctness of the final decision over procedural
perfection, focusing on substantive justice rather than technicalities.

Case Laws Related to Improper Admission or Rejection of Evidence

1. R.M. Malkani v. State of Maharashtra (1973)

The Supreme Court observed that improper admission of evidence does not vitiate a
trial if the decision can be sustained on other legally admissible evidence.
2. State of Punjab v. Sodhi Sukhdev Singh (1961)
In this case, the court ruled that the improper rejection of evidence warranted
interference only when such evidence could potentially alter the outcome of the case.

Conclusion

Section 169 of The Bharatiya Sakshya Adhiniyam, 2023, safeguards the judicial process from
unnecessary retrials due to minor procedural errors in the admission or rejection of evidence.
By emphasizing the sufficiency of remaining evidence and the likely impact of rejected
evidence, this provision balances judicial efficiency and fairness. Its application underscores
the importance of substantive justice, ensuring that procedural imperfections do not unduly
delay or undermine the resolution of cases.

10.Forensic evidence and types of forensic evidence in civil and criminal

cases.
Introduction
Forensic evidence refers to information obtained through scientific methods or techniques to
assist courts in resolving legal disputes. It plays a pivotal role in the criminal and civil justice
systems, offering accurate and objective data to support or challenge claims. The use of
forensic evidence has grown with advancements in technology, enabling courts to handle
complex matters with transparency and efficiency. Various forms of forensic evidence, such
as DNA analysis, fingerprints, digital evidence, and medical reports, are admissible in courts,
provided they meet the criteria of relevance, reliability, and accuracy.
Main Points or Content
1. Definition and Legal Basis of Forensic Evidence
Forensic evidence is broadly defined as scientific evidence used in legal proceedings to prove
or disprove facts. In Indian law, its admissibility and evaluation are addressed under the
Indian Evidence Act, 1872, and related legal frameworks, such as Section 45 (expert opinion)
and Section 51 (relevance of expert reports).
• Forensic evidence is crucial in proving facts such as identity, cause of death, and the
presence of individuals at crime scenes.
• It extends to various domains, including medicine, digital technology, and ballistics.

2. Types of Forensic Evidence

• DNA Analysis:
DNA testing is a cornerstone of forensic evidence, particularly in criminal cases such
as sexual assault, paternity disputes, and identification of remains. DNA is unique to
each individual, making it a reliable identifier. Courts often rely on DNA results for
precise conclusions.
• Fingerprints:
Fingerprint analysis is a widely accepted method for identifying individuals in
criminal cases. Its uniqueness to each person ensures its reliability as evidence.
• Digital Evidence:
With the rise of technology, electronic records, emails, and digital footprints are
increasingly used in legal proceedings. These are admissible under Section 65B of the
Indian Evidence Act, provided they meet the conditions of authenticity and
certification.
• Ballistics and Firearm Analysis:
Ballistic tests are used to trace the trajectory of bullets and match firearms to crime
scenes. This form of evidence is vital in criminal investigations involving weapons.
• Medical Evidence:
Medical reports, such as autopsies and toxicology tests, are often used to determine
the cause of death or injury. These are essential in both criminal and civil cases, such
as personal injury claims.
• Other Scientific Evidence:
This includes handwriting analysis, chemical testing, and voice identification, all of
which contribute to proving or disproving facts in legal matters.

3. Admissibility Standards
Forensic evidence must meet the following criteria to be admissible:
 • Relevance: The evidence must pertain directly to the facts in issue.
• Reliability: The method used to obtain the evidence must be scientifically valid and
accepted.
• Authentication: Electronic evidence requires certification under Section 65B for
admissibility.

Case Laws Related to Forensic Evidence

1. State of Maharashtra v. Sukhdeo Singh (1992)
The court emphasized that forensic evidence must be corroborated by other facts and
not solely relied upon to establish guilt.
2. Magan Bhiarilal v. State of Punjab (1977)
The Supreme Court ruled that expert opinions must be treated with caution, especially
when forensic evidence is the sole basis for a conviction.

Conclusion
Forensic evidence has revolutionized the judicial process by providing accurate, scientific
methods to establish facts in legal cases. Its application spans both civil and criminal cases,
aiding courts in delivering justice efficiently. However, the reliability and authenticity of
forensic evidence must be scrutinized carefully, ensuring its consistent use as a tool for
justice. While advancements in forensic science have enhanced its role, courts must remain
vigilant about its limitations and challenges in interpretation. Thus, forensic evidence serves
as a bridge between science and law, reinforcing the principles of fairness and transparency
in the legal system.

11.Expert Witness and Admissibility of expert’s opinion in the courts.

Introduction

Sections 39 to 45 of The Bharatiya Sakshya Adhiniyam, 2023, govern the relevance and
admissibility of expert opinions in court proceedings. An expert witness is a person who
possesses specialized knowledge, skill, or experience in a particular field and whose opinion
assists the court in understanding complex technical or scientific matters. The Act ensures
that expert opinions are utilized judiciously, balancing their probative value with safeguards
against undue reliance.

Main Points or Content

1. Opinions of Experts (Section 39)

Section 39 states:
"When the Court has to form an opinion upon a point of foreign law, science, art, or any
other specialized field, or regarding identity of handwriting or fingerprints, the opinions of
experts in such fields are relevant facts."

• Illustrations:
o In cases involving poisoning, the court may rely on the opinions of medical
experts regarding symptoms caused by the suspected poison.
o In matters of unsoundness of mind, psychiatric experts can testify about the
symptoms and their implications.
• Digital Evidence (Subsection 2):
The opinion of the Examiner of Electronic Evidence, as referred to in Section 79A of
the Information Technology Act, 2000, is admissible as an expert opinion.

2. Facts Bearing Upon Opinions of Experts (Section 40)

Facts that support or contradict expert opinions are admissible if they help the court evaluate
the reliability of the expert’s conclusion.

Illustrations:

• If multiple individuals show symptoms consistent with a poison’s effects, this

supports a toxicologist's opinion about the cause of poisoning.
• Similar obstructions in other harbors caused by similar sea walls may validate or
challenge an expert’s opinion about harbor obstruction.

3. Opinion as to Handwriting and Signature (Section 41)

The court may admit the opinion of individuals familiar with a person’s handwriting or the
opinion of handwriting experts.

Explanation:
Persons who habitually receive correspondence from a person can testify about the
handwriting’s authenticity.

Illustration:
If A’s handwriting is in question, B, who regularly receives letters from A, may provide a
relevant opinion.

4. Opinions on Usages, Customs, and Relationships (Sections 42 to 44)

• Section 42: Expert opinions on general customs or rights are admissible when the
court must form an opinion on their existence.
• Section 43: Experts may testify about specific usages, tenets, or governance practices
of religious or charitable institutions.
• Section 44: Family members with special knowledge about relationships can provide
relevant opinions.
5. Grounds of Expert Opinion (Section 45)
The basis of an expert’s opinion, including experiments or data used to reach the conclusion,
is also relevant.

Illustration:
An expert may describe experiments conducted to determine the compatibility of certain
materials in a construction defect case.

Case Laws Related to Expert Opinions

1. Ramesh Chandra Agrawal v. Regency Hospital Ltd. (2009)

The Supreme Court emphasized that the opinion of medical experts must be impartial
and based on thorough examination and sound reasoning to be admissible.
2. State v. Navjot Sandhu (2005)
This case dealt with the admissibility of expert opinions on electronic records. The
court highlighted the need for compliance with procedural requirements to ensure the
credibility of expert evidence.

Conclusion

Sections 39 to 45 of The Bharatiya Sakshya Adhiniyam, 2023, ensure the admissibility of

expert opinions under defined conditions, recognizing their value in aiding judicial decision-
making. By focusing on the qualifications, methods, and reasoning of experts, these
provisions strike a balance between leveraging specialized knowledge and maintaining
evidentiary standards. The framework reflects a commitment to fairness, ensuring that expert
opinions are tools for justice rather than determinative evidence on their own.

12. Application of forensic evidence in civil and criminal cases.

Introduction

Forensic evidence refers to scientific and technical information gathered through systematic
methods to assist courts in resolving disputes. Its role is pivotal in both civil and criminal
cases, ensuring accuracy and reliability in decision-making. Forensic evidence encompasses
DNA testing, fingerprint analysis, digital evidence, ballistics, and more. These methods have
revolutionized the legal process by bridging the gap between law and science, making
complex investigations manageable and enhancing the delivery of justice.
Main Points or Content

1. Application in Criminal Cases

Forensic evidence is indispensable in criminal investigations as it helps establish facts and
connect individuals to crimes.

• DNA Analysis:
DNA evidence is critical in cases of rape, murder, and human identification. Its
unique and immutable nature makes it a highly reliable tool in criminal investigations.
For instance, DNA found at a crime scene can be matched to a suspect, establishing
their presence.
• Fingerprints:
Fingerprint evidence links suspects to crime scenes with unmatched precision. This
method is commonly used in burglary, robbery, and other offenses where physical
evidence is available.
• Ballistics:
Forensic ballistics examines firearms, bullets, and their trajectories to establish
connections between weapons and criminal acts, such as homicides involving guns.
• Toxicology Reports:
Toxicology helps determine the presence of drugs, alcohol, or poisons in criminal
cases. Autopsies often rely on toxicological findings to ascertain causes of death.
• Digital Evidence:
Electronic records, such as emails, text messages, and browsing histories, are
increasingly used in criminal cases like cybercrime and fraud. Digital footprints can
trace the activities of suspects, adding critical evidence to investigations.

2. Application in Civil Cases

Forensic evidence in civil matters ensures the resolution of disputes with scientific accuracy.

• DNA in Paternity Disputes:

DNA testing is widely used in family law to establish paternity, ensuring clarity in
inheritance claims, child custody, and maintenance cases.
• Forensic Accounting:
In cases involving financial fraud, forensic accountants analyze complex financial
records to detect embezzlement or misappropriation of funds.
• Document Examination:
Forgery and authenticity disputes often require handwriting analysis and verification
of signatures. These methods are vital in resolving contract disputes and property
matters.
• Accident Reconstruction:
Forensic techniques, such as vehicle damage analysis and scene reconstruction, are
applied in civil suits involving motor accidents to determine liability.

3. Challenges in Forensic Evidence Application

While forensic evidence is crucial, its application faces challenges:
 • Collection and Preservation: Improper handling of evidence can lead to
contamination, affecting its admissibility.
• Expertise and Technology: The accuracy of forensic evidence depends on the
expertise of professionals and the availability of advanced technology.
• Judicial Awareness: Judges and lawyers need to be well-versed in forensic
methodologies to evaluate evidence effectively.

Case Laws Related to Forensic Evidence

1. State of Maharashtra v. Sukhdeo Singh (1992)

The court emphasized the need for corroborating forensic evidence with other facts,
warning against sole reliance on it for convictions.
2. S. Gopal v. State of Andhra Pradesh (1996)
The Supreme Court highlighted the importance of forensic evidence in sexual assault
cases, particularly the role of medical and scientific reports in determining guilt.

Conclusion

Forensic evidence has become an integral part of the judicial process in both civil and
criminal cases. Its application ensures accuracy, transparency, and efficiency in resolving
disputes. However, the reliability of forensic evidence hinges on its proper collection,
preservation, and presentation. While advancements in science and technology have
strengthened its role in the legal system, consistent judicial oversight and expertise are crucial
for its effective utilization. By integrating forensic evidence with traditional legal principles,
courts can achieve fair and informed outcomes, underscoring its indispensable role in modern
justice.