Bharatiya Sakshya Adhiniyam, 2023
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 4 · 4.4
Unit I — INTRODUCTION TO LAW OF EVIDENCE AND RELEVANCY OF FACTS
1.1 History, Nature, Scope and Applicability of Bhartiya Sakshya Adhiniyam, 2023 · 1.2 Definitions (Section 2) · 1.3 Relevancy and Admissibility; Rebuttable Presumptions, Irrebuttable Presumptions and Conclusive Proof · 1.4 Types of Evidence and Admissibility of Circumstantial Evidence · 1.5 Relevancy of Facts and Closely Connected Facts (Sections 3-14)
- General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
- Introduction and applicability of Indian Evidence Act, 1872
- Important terminologies under Indian Evidence Act, 1872
- Doctrine of Res Gestae
- Motive, Preparation and Conduct
- Conspiracy when relevant
- When facts not otherwise relevant become relevant
- State of mind and body
Unit II — RELEVANCY OF STATEMENTS AND JUDGMENTS
2.1 Admissions and Confessions (Sections 15-25) · 2.2 Statement of Persons who cannot be called as Witness (Sections 26-27) · 2.3 Dying Declaration (Section 26(a)) · 2.4 Statements under Special Circumstances (Sections 28-32) · 2.5 Judgments of Courts when relevant (Sections 34-38)
Unit III — EXPERT OPINION, RELEVANCY OF CHARACTER AND TYPES OF EVIDENCE
3.1 Opinions of Third Persons when relevant (Sections 39-45); Opinion of Forensic Science Expert and Evidentiary Value of D.N.A. Test, Narco-Analysis and Polygraph Test (Section 39) · 3.2 Character when relevant (Sections 46-50) · 3.3 Facts which need not to be proved (Sections 51-53) · 3.4 Oral and Documentary Evidence and Admissibility of Electronic Evidence (Sections 54-73); Public Documents (Section 74-76) · 3.5 Presumptions as to Documents (Section 78-93); Exclusion of Oral by Documentary Evidence (Section 94-103)
- Relevancy of opinions of third parties
- Character when relevant
- Facts which need not be proved
- Oral and documentary evidence
- Proof of electronic evidences
- Public and private documents
- Law relating to presumptions
- Exclusion of oral by documentary evidence
- Expert Witness and Admissibility of expert's opinion in the courts
Unit IV — PRODUCTION AND EFFECT OF EVIDENCES
4.1 Burden of Proof and Presumptions relating to Burden of Proof (Section 104 -120); 4.5 Doctrine of Estoppel (Section 121-123) · 4.2 Witnesses and Privileged Communications (Sections 124-139); 5.4 Witness Protection Schemes · 4.3 The Oaths Act, 1969 and its relation with the Bhartiya Sakshya Adhiniyam, 2023 · 4.4 Examination of Witnesses (Sections 140-168) · 4.5 Improper Admission and Rejection of Evidence (Sections 169)