Burden of Proof & Shifting of Onus: Witness Evidence & Best Evidence Rule

This comprehensive work by Yogesh V. Nayyar provides a detailed and analytical exposition on one of the most vital areas of the law of evidence - the burden of proof, shifting of onus, and the principles governing witness testimony and best evidence. The book examines these doctrines with reference to both the Indian Evidence Act, 1872 and the newly enacted Bharatiya Sakshya Adhiniyam, 2023, highlighting the evolution, interpretation, and comparative nuances between the two statutes.

It delves into the concepts of relevancy, admissibility, and credibility of evidence, as well as the probative value of witness statements. The treatment of child witnesses, forensic and expert evidence, and electronic evidence is discussed with clarity, supported by judicial precedents and practical illustrations.

Key Features:

• Comprehensive discussion on burden of proof and shifting of onus, with illustrations and case law analysis.
• Comparative examination of the Indian Evidence Act, 1872 and Bharatiya Sakshya Adhiniyam, 2023, highlighting significant reforms and differences.
• Focused coverage of witness evidence, including aspects of credibility, corroboration, and cross-examination.
• Detailed exposition on the Best Evidence Rule, explaining its application in civil, criminal, and electronic contexts.
• Analysis of child witnesses, forensic and expert testimony, and electronic records, supported by landmark judgments.
• Practical insights useful for understanding the interplay between relevancy, admissibility, and probative value of evidence.

This book is an indispensable reference for law students, advocates, judicial officers, academicians, and legal researchers seeking a clear and authoritative understanding of evidentiary principles relating to the burden of proof, witness testimony, and the best evidence rule under both traditional and modern frameworks of Indian law.