Bharatiya Sakshya Adhiniyam (Evidence Law)
The Indian Evidence Law has been superseded by the Bharatiya Sakshya Adhiniyam, marking a significant evolution in the regulation of evidence presentation in Indian courts. Enacted on December 25, 2023, the Bharatiya Sakshya Adhiniyam meticulously governs the admissibility, examination, and cross-examination of evidence, ensuring fairness and impartiality in legal proceedings. This replacement aims to uphold the integrity of the justice system by admitting only relevant and reliable evidence for consideration during trials. Like its predecessor, the Indian Evidence Act of 1872, the new law divides evidence into various types and establishes rules for its presentation. With its comprehensive provisions, including those concerning relevancy, presumption, burden of proof, and admissibility, the Bharatiya Sakshya Adhiniyam stands as a cornerstone of fair and equitable adjudication. Enforced from July 1, 2024, it reflects India’s commitment to modernizing legal frameworks to meet the evolving needs of its justice system while ensuring the protection of citizens’ rights.
Recent Posts
JUDGE’S POWER TO PUT QUESTIONS OR REQUIRE PRODUCTION OF DOCUMENTS (SECTION 168 of BSA)
A judge in a court proceedings,has vital powers to ask questions and request documents to determine relevant facts that can help in making a fair and unbiased judgment. What is Section 168 of BSA? Under Section 168 of Bharatiya Sakshya Adhiniyam,2023 ( BSA) courts are...
HOSTILE WITNESS (SECTION 157 OF BSA)
A party generally during a trial cannot cross-examine their own witness.But under certain circumstances, Section 157 of the Bharatiya Sakshya Adhiniyam,2023 (BSA) allows this practice. This section of BSA grants the court the power to allow a party to question their...
REFRESHING MEMORY (SECTION 162-163 OF BSA)
During a trial process, a witness might struggle to recollect certain details about the events they are testifying about. In such situations,the law permits them to refresh their memory using documents. Sections 162 and 163 of the Bharatiya Sakshya Adhiniyam,2023...
IMPEACHING CREDIT OF WITNESS (SECTION 158 OF BSA)
Impeaching the credit of a witness means to test their credibility or trustworthiness during a trial process. This is an important feature of cross-examination to make sure that the testimony given is authentic and reliable. What is Impeaching the Credit of a Witness?...
EXAMINATION IN CHIEF, CROSS-EXAMINATION, AND RE-EXAMINATION (SECTION 142-143 OF BSA)
The examination of witnesses is a very important part where parties present their case through their witnesses. The types of witness examinations as discussed under Bharatiya Sakshya Adhiniyam,2023(BSA) and their order helps in making sure of a just,fair and organized...
LEADING QUESTIONS (SECTION 146 of BSA)
The way questions are framed can seriously influence the outcome. One type of question is said to be a leading question, which can affect the reaction of witnesses and parties indulged in the case. The rules relating to leading questions are important for maintaining...