Evidence and Procedure: BSA Admissibility and BNSS Investigation Powers
This is the most technical domain. The Indian Evidence Act, 1872 is replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA), and the Code of Criminal Procedure, 1973 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), both effective from 1 July 2024. Questions test admissibility, burden of proof, and magisterial control over investigation and bail.
Core rules
- A confession to a police officer is inadmissible (BSA s.23, earlier IEA s.25), as is a confession in police custody unless made in the immediate presence of a Magistrate.
- The proviso to s.23 (earlier s.27 IEA) admits so much of the statement as leads distinctly to the discovery of a fact.
- A dying declaration (BSA s.26, earlier s.32(1) IEA) is admissible whether or not the maker expected death, and needs no corroboration if the court finds it truthful.
- Electronic records need the certificate in the prescribed form (BSA s.63, earlier s.65B IEA).
- Registration of FIR for a cognizable offence is governed by BNSS s.173 (earlier s.154 CrPC); a zero FIR may be registered at any station.
- Default bail arises under BNSS s.187 (earlier s.167 CrPC) if investigation is not completed within 60 or 90 days.
Worked example
In custody for murder, the accused says, "I killed him and buried the knife behind my house." The knife is recovered from that spot. Only the portion relating to concealment and recovery is proved; the words "I killed him" remain inadmissible against him, because the exception covers the discovery, not the confession.
Traps
Omitting the electronic-evidence certificate; treating a dying declaration as inherently weak and requiring corroboration as a rule; and quoting s.27 IEA numbers when the question is set under the BSA.