Description

This book extensively analyses each section in the Bharatiya Sakshya Adhiniyam 2023 (BSA), spanning over 200 pages, with comprehensive cross-references to the Indian Evidence Act, 1872 (IEA). It begins with a structured comparison table, aligning sections of the BSA with those of the IEA, highlighting major updates to help readers navigate the transition to the new framework.

Each section is examined in depth, covering definitions, rules of admissibility, and evidentiary relevance, supplemented with judicial interpretations and case law references. The book is organised thematically, grouping related provisions under categories such as documentary evidence, digital records, and witness competency for quick access. This practical layout, along with the in-depth 'section analysis,' makes it particularly useful for students and academicians, aiding in understanding the complexities of evidence law and supporting research in criminal law.

The Present Publication is the First Edition authored by Taxmann's Editorial Board, with the following noteworthy features:

• [Section Analysis]

  • Each section is analysed in detail, providing:

    • Contextual Background – An introduction to each section's relevance within the Act

    • Judicial Implications – Analysis of how each provision impacts evidence admissibility, validity, and scope

    • Case Summaries – Summaries of judicial precedents

    • Comparative Commentary – Highlighting updates from the Indian Evidence Act, 1872, and explaining the amendments

• [Tabular Comparisons]

  • A Comparison Table aligns the sections of the IEA with corresponding sections in the BSA, featuring:

    • Side-by-Side Comparison – Paired sections for easy reference, enabling readers to see updates at a glance

    • Highlights on New Additions – Analysis of key additions and changes, with commentary on their rationale

    • Brief Commentary – Contextual explanations for notable changes, beneficial for students and academicians

• [Thematic Keys]

  • The book uses thematic keys to categorise different types of evidence (e.g., documentary, digital, admissions), allowing:

    • Categorisation by Evidence Type – Grouping related sections for more straightforward navigation

    • Cross-References to Case Law – References to landmark cases that exemplify each theme

    • Concise Descriptions – Short explanations within each key to help readers quickly assess relevance

• [Modernised Digital Evidence Provisions]

  • Reflecting modern needs, the BSA includes rules specific to electronic and digital evidence:

    • Authentication and Admissibility – Standards for verifying digital records, including e-signatures and digital data protocols

    • Primary vs Secondary Digital Evidence – Guidelines that clarify distinctions, facilitating the handling of digital records in court

    • Expanded Definitions – Updated terminology on digital preservation and electronic record management

• [Burden of Proof and Presumptions]

  • The BSA clearly defines the burden of proof and presumptions with:

    • General and Special Cases – Clear rules for the burden of proof in various scenarios, with notes on exceptions

    • Illustrative Scenarios – Practical examples for applying legal presumptions, aiding comprehension

    • Types of Presumptions – Differentiating rebuttable and irrebuttable presumptions, explaining when courts must assume certain facts

The structure of the book is as follows:

• Comparison Table

  • Early in the book, this table highlights section-by-section updates from the IEA to the BSA

• Thematic Section Keys

  • Organised by evidence type (e.g., admissions, digital evidence, witness competency), allowing users to locate relevant sections quickly

• Chapter Overview

  • Preliminary Chapter – Sets the scope and application of the Act

  • Definitions and Key Terms – Introduces essential terms like "evidence," "document," "proved," "disproved," and more

  • Provisions on Evidence Relevancy and Admissibility – Discusses rules for evidence relevance and admissibility, with focus areas like admissions, confessions, and digital records

  • Final Provisions – Details the formal repeal of the Indian Evidence Act, 1872, establishing the BSA as the authoritative legal framework