Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam
Evidence Act, 1872 / BSA, 2023 tests what facts may be proved, by whom, and how. The Bharatiya Sakshya Adhiniyam replaced the Evidence Act from 1 July 2024, with modified electronic-evidence rules.
Relevancy and confessions
Sections 5-55 of the Evidence Act define relevance and admissibility. Res gestae (s.6) admits statements forming part of the same transaction. Admissions (ss.17-23) are not conclusive. Confessions to police are inadmissible, except so much as leads to discovery under s.27. A confession before a Magistrate must be voluntary; s.164 CrPC / s.183 BNSS procedure matters.
Burden and witnesses
Burden of proof lies on the party asserting a fact (ss.101-104). Presumptions include death after seven years' absence (s.108) and legitimacy (s.112). Dying declaration (s.32(1)) is admissible even if not on oath, if the declarant was conscious and the statement relates to the cause of death.
Worked example
D is charged with murder. The victim's statement to a Magistrate names D but the Magistrate did not certify fitness. The statement is not automatically inadmissible; the court examines coherence, voluntariness and surrounding circumstances. Corroboration is prudent but not a legal requirement.
Traps
Hearsay is not made admissible by repetition. An extra-judicial confession is weak evidence requiring corroboration. For electronic records, a certificate under s.65B Evidence Act / s.63 BSA is generally mandatory. Section 27 does not make the whole confession admissible.