Law of Evidence
This section tests the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act, 1872; questions often use the older section references and concepts. Expect relevancy, admissions and confessions, dying declarations, expert opinion, burden of proof, presumptions and documentary evidence.
Relevancy and confessions
- Res gestae covers facts so connected with the transaction that they form part of the same event.
- Admissions are statements against interest but are not conclusive proof.
- Confessions must be voluntary; a confession to a police officer is not proved, and discovery pursuant to information is a narrow exception.
Dying declaration and experts
- A dying declaration is admissible even if not under oath or not in question-answer form; it must be voluntary and truthful.
- Expert opinion is advisory; the court decides the ultimate issue.
Burden and standards
- Prosecution must prove guilt beyond reasonable doubt; civil cases use preponderance of probabilities.
- Presumptions may be statutory or discretionary; they shift the evidential burden, not always the legal burden.
Documentary and electronic evidence
- Primary evidence is the document itself; secondary evidence requires a foundation.
- Electronic records need a certificate from the person in charge of the device; this requirement survives the replacement of the Evidence Act.
Worked example
A deceased tells a magistrate that B stabbed her. The magistrate records the statement, but no doctor certifies fitness. There are two declarations with minor inconsistencies. The court may convict solely on the declaration if it is voluntary, coherent and consistent; corroboration is desirable but not mandatory. Reasoning: the statement is admissible because the maker is dead, and the absence of oath or medical certificate is not fatal.
Traps
- Treating a police confession as substantive evidence.
- Reading the discovery exception as validating the whole confession.
- Treating a hostile witness as automatically false.
- Ignoring the electronic-record certificate.