Law of Evidence and Criminal Procedure
Law of Evidence and Criminal Procedure tests how facts are proved and how a criminal case moves from FIR to appeal. The Bharatiya Sakshya Adhiniyam 2023 (BSA) replaced the Indian Evidence Act 1872, and the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) replaced the CrPC 1973 from 1 July 2024.
Evidence
Relevancy, res gestae, admissions and confessions, burden of proof, presumptions, documentary evidence and electronic evidence are core. A confession to a police officer is inadmissible, but so much of the information as leads distinctly to the discovery of a fact may be proved. Electronic records require the prescribed certificate; oral evidence cannot substitute for it.
Criminal procedure
FIR in a cognizable case, investigation, arrest, remand, charge, trial, bail, appeal and revision form the procedural chain. Bail jurisdiction and the difference between bailable and non-bailable offences are frequently tested. The magistrate’s power to take cognizance and the police’s power to investigate are distinct.
Worked example
While in police custody, A says he hid a knife in a drain. The confessional part is inadmissible, but the fact that a knife was recovered from the drain at A’s instance may be proved. The discovery must be distinct and not already known to the police.
Traps
Do not treat an FIR as substantive evidence; it can corroborate or contradict the informant. Do not admit the whole confession to police. Do not forget the electronic-evidence certificate. Do not confuse investigation, inquiry and trial.