Law of Evidence and Limitation
What is tested
The rules of proof and the arithmetic of limitation. Precise recall of the Bharatiya Sakshya Adhiniyam, 2023 and the Limitation Act, 1963 pays here.
Core rules
- The BSA (in force 1 July 2024) replaces the Indian Evidence Act, 1872; section 3 defines 'evidence' to include electronic records.
- Electronic records are proved by a certificate under BSA section 63, which now carries the hash value; the certificate is mandatory (Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal).
- 'Proved' (BSA s.3): the court either believes the fact to exist or considers its existence so probable that a prudent person would act on that supposition.
- Dying declaration: need not be in question-answer form; if found voluntary and truthful it needs no corroboration (Laxman v. State of Maharashtra).
- Hostile witness: the party calling him may cross-examine with the court's permission; his evidence is not effaced.
- Limitation Act: section 3 obliges dismissal even if limitation is not pleaded; section 5 applies only to appeals and applications; section 14 excludes time in a bona fide proceeding before a court lacking jurisdiction; section 18 requires a signed written acknowledgment before expiry.
- Article 54: specific performance - three years from the date fixed or from refusal. Article 65: twelve years for possession of immovable property.
Worked example
A specific-performance suit is filed four years after refusal to execute the sale deed. Article 54 bars it. Section 5 cannot save a suit, and section 14 does not apply because the plaintiff was not prosecuting another civil proceeding. The plaint is rejected under Order VII Rule 11(d).
Traps
- Applying section 5 to suits.
- Confusing acknowledgment (s.18) with part payment (s.19).
- Omitting the BSA section 63 certificate for WhatsApp or CCTV material.