The Bhartiya Sakshya Adhiniyam (BSA), 2023

Unit I — Nature & Functions of the Law of Evidence

1.1 Origin and Development of The Bhartiya Sakshya Adhiniyam of 2023 during Ancient, Medieval, British Period. · 1.2 Salient features of the The Bhartiya Sakshya Adhiniyam of 2023. · 1.3 Important concepts under of The Bhartiya Sakshya Adhiniyam of 2023. (Sec.1-2)  Court, Evidence, Facts, Facts in issue, Relevant Facts, Proved, Disproved and Not Proved.  Presumptions – May Presume, Shall Presume and Conclusive Proof. · 1.4 Relevancy and Admissibility of Facts, Appreciation of Evidence.  -Rules of Evidence with special reference to other Acts i.e., CPC, Bharatiya Nagarik Suraksha Sanhita, · 2023 and Information Technology Act, 2000.

• Introduction and applicability of Indian Evidence Act, 1872
• Important terminologies under Indian Evidence Act, 1872
• Law relating to presumptions
• General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
• Definitions under Information Technology (Amendment) Act, 2008- S.2

Unit II — The Relevancy of Facts (Ss 3-14)

2.1 Relevancy of Facts connected with facts in issue: (Sec.4 to 14)  Doctrine of Res Gestae  Occasion, cause and effect  Motive, Preparation and Conduct  Facts necessary to explain or introduce relevant facts – Identification Parade  Facts to prove existence of Conspiracy -Common Intention  Plea of Alibi, Proof of Custom, Facts concerning and Business. · 2.3 Rules relating to Admissions: ( Sec.15 to Sec. 21 and Sec. 25)  Definition of Admission, Nature and Scope of Admissions, Formal and Informal Admissions, Vicarious Admissions, Proof of Admissions and its Propositions, when Admissions in Civil

• General introduction and Relevancy of Facts (ss. 1-55) and relevant definitions under Information Technology (Amendment) Act 2008
• Doctrine of Res Gestae
• Motive, Preparation and Conduct
• When facts not otherwise relevant become relevant
• Conspiracy when relevant
• State of mind and body
• Admissions and Confessions

Unit III — Theory of Relevancy of Statements, Judgments and Opinion: (Ss 26 to Ss 50)

3.1 Relevancy of Statements made by Person Who cannot be called as witness-  Dying declaration, evidentiary value of Dying Declaration. Sec. 26(1)  Statements made in different circumstances Sec. 26 (b) to Sec. 26 (h) · 3.2 Relevancy of Statements made under special circumstances (Sec28 to Sec. 32) · 3.3 Relevancy of Judgments of Courts (Sec. 34 to Sec. 38) · 3.4 Relevancy of Opinion of Third Persons witnesses (Sec. 39 to Sec. 45) · 3.5 Relevancy of Character of the parties in civil cases and criminal proceedings (Sec. 46 to Sec. 50)

• Statements by persons who cannot be called as witness
• Judgements when relevant
• Relevancy of opinions of third parties
• Character when relevant

Unit IV — Various Modes of Proof of Facts (Ss. 51 to Ss 103)

4.1 Facts which need not to be proved (Sec. 51 to Sec. 53) · 4.2 Proof of Facts by oral Evidence (Sec. 54 to Sec. 55) · 4.3 Proof of Facts by Documentary Evidence (Sec. 56 to Sec. 73) · 4.4 Kinds of Documents and its proof (Sec. 74 to Sec. 77) · 4.5 Presumption as to Documents (Sec. 78 to Sec. 93) · 4.6 Of the exclusion of oral by Documentary Evidence (Sec. 94 to Sec. 103)

• 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

Unit V — Production and Effect of Evidence-Burden of proof and Estoppels (Ss. 104-123)

5.1 Meaning of Burden of Proof · 5.2 General Rules of Burden of Proof (Sec. 104 to Sec. 108) · 5.3 Specific Rules of Burden of Proof (Sec. 109 to Sec. 120) · 5.4 Principles of Estoppel (Sec. 121)  Estoppel and Admission, Estoppel and Waiver, Estoppel and Fraud  Estoppel and its applications: Estoppel by Record, Estoppel by Deed  Estoppel in Pais, Promissory Estoppel, Constructive Estoppel. · 5.5 Specific Estoppel between tenant and Licensee (Sec. 122)  Estoppel of Acceptor of bill of Exchange, bailee or Licensee (Sec. 123)

• Rules relating to burden of proof
• Doctrine of estoppel

Unit VI — Production & Effect of Evidence – Competency and Compellability of witnesses (Ss.124-139)

6.1 Meaning, Nature and Role of witness · 6.2 Competency of witnesses (Sec. 124 to 128)  Who are competent witnesses? Tender years (child witness), Extreme Old age, Diseased whether body or mind, cause of any other kind.  Dumb Witness  Husband and Wife, Parties to Suit or Proceeding  Judges and Magistrate · 6.3 Compellability of Witnesses-Privileged communication (Sec. 128 to 137) · 6.4 Evidence of Accomplice (Sec. 138 to Sec. 139) · 6.5 Witness protection-The new Paradigm

• Who may testify?

Unit VII — General Principles of Examinations of Witnesses-(Ss.140-169)

7.1 Examination in chief, cross examination and Re-examination, order of Examination witness character, Examination of witness (Sec. 140 to Sec. 145) · 7.2 Leading questions (Sec. 146 to Sec. 147) · 7.3 Refreshing memory (Sec. 162 to Sec. 164) · 7.4 Impeaching the credit of witness (Sec. 158) · 7.5 Rejection of Evidence (Sec. 169)

• Procedure for examination of witnesses
• Questions to be put up to the witnesses
• Credibility of witnesses
• Judges power to put questions
• Improper admission and rejection of evidence

Unit VIII — Evaluation of Evidence

8.1 In Civil and Criminal cases · 8.2 By Tribunals, Administrative Tribunals · 8.3 By Quasi-Judicial authorities and commissions of Enquiry · 8.4 By person a Designate · 8.5 By Disciplinary Authorities · 8.6 In wills, Appeals, Second Appeal and Revision