Bharatiya Sakshya Adhiniyam, 2023: The New Era of Evidence Law

This section-wise commentary systematically dissects each new provision highlighting their practical implications. Each provision is supported with judicial precedents and case studies based on hypothetical scenarios, explaining the legal nuances in a lucid language.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) marks a significant transformation in the Indian legal landscape. This book offers a clear and practical approach, making it an essential resource for practitioners, enforcement officers, judges, academicians, and research scholars.

Reviews

The book is a definitive guide to understanding and implementing the Bharatiya Sakshya Adhiniyam, 2023, and it will undoubtedly be a cornerstone text in the field of evidence law for many years to come.

- Justice Ramendra Jain
Former Judge, Punjab and Haryana High Court

I highly recommend this book to my colleagues in the judiciary and the legal profession at large for its profound contributions to the discourse on evidence law in India.

- Justice Sant Parkash
Former Judge, Punjab and Haryana High Court
Chairman, Punjab Human Rights Commission

As someone deeply involved in police training, I appreciate the authors' effort to make this book a resource for continuous learning and adaptation in legal practices.

- SN Shrivastava, IPS (Retd)
Former Commissioner of Police, Delhi

Praise for the Book
Foreword by Justice Vijender Jain
Preface
Prologue
Detailed Contents
Table of Cases
Chapter 1—Revolutionising Justice: India’s New Criminal Laws and Law of Evidence
Chapter 2—Comprehensive Reform of Evidence Law - Bharatiya Sakshya Adhiniyam
Chapter 3—Structure and Function of the Bharatiya Sakshya
Chapter 4—Applicability and Commencement of Bharatiya Sakshya Adhiniyam
Chapter 5—Evidence and Different Kinds of Evidence
Chapter 6—Facts, Facts in Issue, and Relevant Facts
Chapter 7—Facts Proved, Disproved, and Not Proved
Chapter 8—Presumptions and Their Judicial Implications
Chapter 9—Evidence Only on Facts in Issue and Relevant Facts and No Others
Chapter 10—Relevancy of Facts Forming Part of Same Transaction
Chapter 11—Evidential Dynamics: Occasion, Cause or Effect, Motive and Conduct
Chapter 12—Relevancy of Auxiliary Facts
Chapter 13—Test Identification Parade
Chapter 14—Other Connected Facts I
Chapter 15—Other Connected Facts II
Chapter 16—Admissions
Chapter 17—Confessions
Chapter 18—Rules of Inadmissibility of Confessions and their Exceptions
Chapter 19—Relevance of Statements from Unavailable Declarants
Chapter 20—Dying Declaration
Chapter 21—Statements under Special Circumstances When Relevant
Chapter 22—Judgments of Courts When Relevant
Chapter 23—Expert Evidence
Chapter 24—Opinion as to Handwriting and Digital Signature, when Relevant
Chapter 25—Opinion as to Custom, Usages, and Relationship when Relevant
Chapter 26—Relevancy of Character
Chapter 27—Facts of which Evidence Need Not be Given
Chapter 28—Oral Evidence
Chapter 29—Documentary Evidence - Proving Content of Documents
Chapter 30—Documentary Evidence - Authentication of Documents
Chapter 31—Documentary Evidence - Validation of Public Documents
Chapter 32—Exclusion of Oral Evidence by Documentary Evidence – The Best Evidence Rule
Chapter 33—Ambiguous Documents
Chapter 34—Burden of Proof I
Chapter 35—Burden of Proof II
Chapter 36—Burden of Proof in Special Circumstances
Chapter 37—Presumptions (Rules Limiting Judicial Freedom of Drawing Inference)
Chapter 38—Presumptions as to Documents
Chapter 39—Conclusive Proof of Legitimacy
Chapter 40—Presumption in Offences Against Women
Chapter 41—Doctrine of Estoppel (Facts which the Parties are Prohibited from Proving)
Chapter 42—Promissory Estoppel
Chapter 43—Special Instances of Estoppel
Chapter 44—Estoppel and Other Concepts
Chapter 45—Privileged Communications I
Chapter 46—Privileged Communications II
Chapter 47—Accomplice and Approver Evidence
Chapter 48—Competency of Witnesses
Chapter 49—Sufficiency of Witnesses
Chapter 50—Examination of Witnesses
Chapter 51—Cross-Examination
Chapter 52—Hostile Witness
Chapter 53—Corroboration of Evidence
Chapter 54—Refreshing Memory
Chapter 55—Document Production in Legal Proceedings
Chapter 56—Judicial Inquiry and Evidence Production
Chapter 57—Handling of Improper Admission and Rejection of Evidence
Chapter 58—Transition from the Indian Evidence Act to Bharatiya Sakshya Adhiniyam – Repeal and Savings
Summary of Comparison of Provisions of BSA and IEA
Epilogue
Subject Index