The role of a witness is crucial to a nation’s basic judicial system. They support the judiciary in ascertaining the truth. The case depends on the witnesses. Bentham thought of witnesses as the eyes and ears of the court. However, what occurs when these witnesses become antagonistic. Removing a witness from his role as the …
Res gestae are the facts that inherently or spontaneously become a part of the same transaction. These are the deeds that have the most impact. These facts become significant in the context of the fact at hand because of their connection to the primary transaction. It is acknowledged that circumstantial evidence is an element of …
Each event is composed of several facts and is a fact in and of itself. Factual proof led to the development of the law of evidence. Although there is a distinction between facts that are relevant and facts that are admissible, the chapter “Relevancy of Facts” can be used as a tool to identify facts …
In criminal proceedings, the evidence is crucial to the decision-making process and the pursuit of justice. Oral and documentary evidence are both accepted under the Bhartiya Sakshya Adhiniyam. Documentary evidence is defined as records that are produced for a court’s review under the Bhartiya Sakshya Adhiniyam. Throughout the course of the inquiry, the documented evidence …
Grammar-wise, the term “presumption” refers to a supposition, a basis for assuming something is true in the absence of concrete evidence, or the conclusion or inference that a fact exists. In its broadest meaning, the term “presumption” refers to a legal rule, either statutory or judicial, whereby, in the absence of actual certainty regarding the …
The aim behind making BSA is to modernize and simplify the presentation of evidence in the court. These new provisions will make the judiciary more technologically efficient. The BSA clearly tackles the new types of crimes like cyber crimes and vulnerable groups. The BSA has retained many provisions of the Indian Evidence Act but it …
The Bharatiya Sakshya Adhiniyam addresses leading inquiries under Section 146. A leading question is one that gives away the answer or forces a witness to say something. It’s an inquiry meant to nudge or persuade a witness into providing a certain response. Leading Questions: What are they? Section 146 of BSA: Example Section 146 of …
An accused person’s voluntary admission of guilt is known as confession. Lord Atkin noted in the ruling in Pakala Narayana Swami v. Emperor (1939) that a confession entails either the admission of the offense or the admission of every detail that makes up the offense. As per Section 23 of the Bharatiya Sakshya Adhiniyam, a …
The new law was passed in parliament in December. Amit Shah stated that the legislature will give preference to providing justice. “These laws are made by Indians, for Indians, and by an Indian Parliament, and they put an end to colonial criminal justice laws,” he stated. Major Changes BSA 2023 The core principles of BSA …
