Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam
Evidence questions ask you to link a fact to a rule of relevancy, proof or exclusion. The Bharatiya Sakshya Adhiniyam, 2023 now replaces the Indian Evidence Act, keeping the doctrine but reordering sections; electronic records are governed by s.63 BSA (formerly s.65B of the Act).
Core rules
- Section 6, res gestae: facts forming part of the same transaction are relevant even without proof of the transaction.
- Section 32(1), dying declaration: the statement must relate to the cause of death; it need not be in question-answer form, and corroboration is not mandatory if the court is satisfied.
- Sections 25 and 26: a confession to a police officer, or made in police custody, is not proved against the accused. Section 27 admits so much of the statement as leads distinctly to a fact discovered.
- Section 45 (experts), s.60 (oral evidence must be direct), s.65 (secondary evidence), ss.101 to 104 (burden of proof), s.114 (presumptions), ss.113A and 113B (dowry death and dowry cruelty).
- Sections 137 and 138 (examination-in-chief, cross-examination, re-examination), s.145 (contradiction), s.155 (impeaching credit).
Worked example
During investigation the accused says: 'I hid the knife behind my house.' The knife is recovered from that spot. Under s.27 only the portion leading distinctly to the discovery is admissible; the rest of the confession remains hit by s.25. For an electronic record such as a CCTV file, a certificate under s.63 BSA (formerly s.65B) is required unless the original device is produced.
Traps
Whole confessions are admitted under s.27; a dying declaration is rejected merely because it lacks a magistrate's endorsement; admissions are treated as conclusive proof; and electronic evidence is used without the statutory certificate.