Short Description:
ISBN: 978-93-4808-043-1
AUTHOR: Prof. (Dr.) PARAMJIT KAUR SIDHU, Prof. (Dr.) JYOTI RATTAN & Dr. REENA KANSAL
Edition: 1st edn., 2025
Year: 2025
Pages: 336
Bharatiya Sakshya Adhiniyam (BSA), 2023:
Introduction
1. Introduction
2. History of Law of Evidence in India
3. Need of Bharatiya Sakshya Adhiniyam (BSA), 2023
4. Legislative history of Bharatiya Sakshya Adhiniyam
5. Aim and Objectives of Bharatiya Sakshya Adhiniyam(BSA), 2023
6. Lex fori or Rule of Place of Trial
7. Key Features of the Bharatiya Sakshya Adhiniyam (BSA), 2023
8. Sections of Indian Evidence Act, 1872 versus Sections of Bharatiya Sakshya Adhiniyam, 2023
9. Positive Effects of the BSA, 2023
10. Criticisms and Controversies
11. Issues and Challenges in the Implementation of the BSA 2023
12. Conclusion
Preliminary
1. Short title, application, and commencement [Section 1]
2. Definitions [Section 2]
3. Conclusion
Question Bank
Relevancy of Facts
1. Introduction
2. Evidence may be given of facts in issue and relevant facts [Section 3]
3. Closely connected facts
4. Facts which are occasion, cause or effect of facts in issue or relevant facts [Section 5]
5. Motive, preparation and previous or subsequent conduct [Section 6]
6. Facts necessary to explain or introduce facts in issue or relevant facts [Section 7]
7. Things said or done by conspirators in reference to common design [Section 8]
8. When facts not otherwise relevant become relevant [Section 9]
9. Facts tending to enable the Court to determine the amount in suits for damages are relevant [Section 10]
10. Facts relevant when right or custom is in question [Section 11]
11. Facts showing the existence of a state of mind, or of body or bodily feeling [Section 12]
12. Facts bearing on the question of whether an act was accidental or intentional [Section 13]
13. Existence of course of business when relevant [Section 14]
14. Admissions
15. Admission by party to proceeding or his agent [Section 16]
16. Admissions by persons whose position must be proved as against party to suit [Section 17]
17. Admissions by persons expressly referred to by party to suit [Section 18]
18. Proof of admissions against persons making them, and by or on their behalf [Section 19]
19. When oral admissions as to contents of documents are relevant [Section 20]
20. Admissions in civil cases when relevant [Section 21]
21. Confession caused by inducement, threat, coercion, or promise, when irrelevant in criminal proceeding [Section 22]
22. Confession to police officer [Section 23]
23. Consideration of proved confession affecting the person making it and others jointly under trial for the same offence [Section 24]
24. Admissions not conclusive proof, but may estop [Section 25]
25. Statements by persons who cannot be called as witnesses
26. Relevancy of certain evidence for proving, in a subsequent proceeding, the truth of facts therein stated [Section 27]
27. Statements made under special circumstances
28. Relevancy of entry in the public record or an electronic record made in the performance of duty [Section 29]
29. Relevancy of statements in maps, charts, and plans [Section 30]
30. Relevancy of statement as to the fact of public nature contained in certain Acts or notifications [Section 31]
31. Relevancy of statements as to any law contained in law books including electronic or digital form [Section 32]
32. How much of a statement is to be proved
33. Judgments of Courts when relevant
34. Relevancy of certain judgments in probate, etc., jurisdiction [Section 35]
35. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 [Section 36]
36. Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant [Section 37]
37. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved [Section 38]
38. Opinions of third persons when relevant
39. Facts bearing upon opinions of experts [Section 40]
40. Opinion as to handwriting and signature, when relevant [Section 41]
41. Opinion as to the existence of general custom or right, when relevant [Section 42]
42. Opinion as to usages, tenets, etc., when relevant [Section 43]
43. Opinion on relationship, when relevant [Section 44]
44. Grounds of opinion, when relevant [Section 45]
45. Character when relevant
46. In criminal cases previous good character is relevant [Section 47]
47. Evidence of character or previous sexual experience not relevant in certain cases [Section 48]
48. Previous bad character not relevant, except in reply [Section 49]
49. Character as affecting damages [Section 50]
50. Conclusion
Question Bank
Facts That Need Not Be Proved
1. Introduction
2. Fact judicially noticeable need not be proved [Section 51]
3. Facts of which Court shall take judicial notice [Section 52]
4. Facts admitted need not be proved [Section 53]
5. Conclusion
Question Bank
Of Oral Evidence
1. Introduction
2. Proof of facts by oral evidence [Section 54]
3. Oral evidence to be direct [Section 55]
4. Conclusion
Question Bank
Chapter 5
Of Documentary Evidence
1. Introduction
2. Proof of contents of documents [Section 56]
3. Primary evidence [Section 57]
4. Secondary evidence [Section 58]
5. Proof of documents by primary evidence [Section 59]
6. Cases in which secondary evidence relating to documents may be given [Section 60]
7. Electronic or digital record [Section 61]
8. E-evidence: Two important sections dealing with e-evidence are
9. Rules as to notice to produce Secondary evidence [Section 64]
10. Proof of signature and handwriting of person alleged to have signed or written document produced [Section 65]
11. Proof as to electronic signature [Section 66]
12. Proof of execution of document required by law to be attested [Section 67]
13. Proof where no attesting witness found [Section 68]
14. Admission of execution by party to attested document [Section 69]
15. Proof when attesting witness denies execution [Section 70]
16. Proof of document not required by law to be attested [Section 71]
17. Comparison of signature, writing or seal with others admitted or proved [Section 72]
18. Proof as to verification of digital signature [section 73]
19. Public and private documents [Section 74]
20. Presumptions as to documents
21. Conclusion
Question Bank
Of the Exclusion of Oral Evidence by
Documentary Evidence
1. Introduction
2. Which evidence, i.e., oral or documentary be given
3. Evidence of terms of contracts, grants, and other dispositions of property reduced to the form of a document [Section 94]
4. Exclusion of evidence of oral agreement [Section 95]
5. Exclusion of evidence to explain or amend ambiguous document [Section 96]
6. Exclusion of evidence against application of document to existing facts [Section 97]
7. Evidence as to document unmeaning in reference to existing facts [Section 98]
8. Evidence as to the application of language which can apply to one only of several persons [Section 99]
9. Evidence as to the application of language to one of two sets of facts, to neither of which the whole correctly applies [Section 100]
10. Evidence as to the meaning of illegible characters, etc. [Section 101]
11. Who may give evidence of agreement varying terms of the document [Section 102]
12. Saving of provisions of the Indian Succession Act relating to wills [Section 103]
Question Bank
Of the Burden of Proof
1. Introduction
2. Burden of proof [Sections 104-114]
3. On whom the burden of proof lies [Section 105]
4. Burden of proof as to particular fact [Section 106]
5. Burden of proving fact to be proved to make evidence admissible [Section 107]
6. The burden of proving the case of the accused comes within exceptions [Section 108]
7. Burden of proving fact, especially within knowledge [Section 109]
8. Burden of proving the death of a person known to have been alive within thirty years [Section 110]
9. Burden of proving that a person is alive who has not been heard of for seven years [Section 111]
10. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent [Section 112]
11. Burden of proof as to ownership [Section 113]
12. Proof of good faith in transactions where one party is in relation of active confidence [Section 114]
13. Presumption by the Court [Section 115-123]
14. Birth during marriage, conclusive proof of legitimacy [Section 116]
15. Presumption as to abetment of suicide by a married woman [Section 117]
16. Presumption as to dowry death [Section 118]
17. The court may presume the existence of certain facts [Section 119]
18. Presumption as to the absence of consent in certain prosecution for rape [Section 120]
19. Conclusion
Question Bank
Estoppel
1. Introduction
2. Estoppel [Section 121]
3. Estoppel of tenant and of the licensee of the person in possession [Section 122]
4. Estoppel of acceptor of a bill of exchange, bailee or licensee [Section 123]
5. Conclusion
Question Bank
Witnesses
1. Introduction
2. Who may testify [Section 124]
3. Witness unable to communicate verbally [Section 125]
4. Competency of husband and wife as witnesses in certain cases [Section 126]
5. Judges and Magistrates [Section 127]
6. Communications during marriage [Section 128]
7. Evidence as to affairs of State [Section 129]
8. Official communications [Section 130]
9. Information as to the commission of offences [Section 131]
10. Professional communications [Section 132]
11. Privilege not waived by volunteering evidence [Section 133]
12. Confidential communication with legal advisers [Section 134]
13. Production of title-deeds of witness, not a party [Section 135]
14. Production of documents or electronic records which another person, having possession, could refuse to produce [Section 136]
15. Witness not excused from answering on ground that answer will criminate [Section 137]
16. Accomplice [Section 138]
17. Number of witnesses [Section 139]
Question Bank
Examination of Witnesses
1. Introduction
2. Order of production and examination of witnesses [Section 140]
3. Judge to decide as to the admissibility of evidence [Section 141]
4. Examination of witnesses [Section 142] Examination of witnesses is of three types
5. Order of examinations [Section 143]
6. Cross-examination of person called to produce a document [Section 144]
7. Witnesses to character [Section 145]
8. Leading questions [Section 146]
9. Evidence as to matters in writing [Section 147]
10. Cross-examination as to previous statements in writing [Section 148]
11. Questions lawful in cross-examination [Section 149]
12. When witness to be compelled to answer [Section 150]
13. The court to decide when the question shall be asked and when the witness is compelled to answer [Section 151]
14. Question not to be asked without reasonable grounds [Section 152]
15. Procedure of Court in case of the question being asked without reasonable grounds [Section 153]
16. Indecent and scandalous questions [Section 154]
17. Questions intended to insult or annoy [Section 155]
18. Exclusion of evidence to contradict answers to questions testing veracity [Section 156]
19. Question by party to his own witness [Section 157]
20. Impeaching credit of witness [Section 158]
21. Questions tending to corroborate evidence of relevant fact, admissible [Section 159]
22. Former statements of witness may be proved to corroborate later testimony as to same fact [Section 160]
23. What matters may be proved in connection with the proved statement relevant under Section 26 or 27 [Section 161]
24. Refreshing memory [Section 162]
25. Testimony to facts stated in the document mentioned in Section 162 [Section 163]
26. Right of adverse party as to writing used to refresh memory [Section 164]
27. Production of documents [Section 165]
28. Giving, as evidence, of a document called for and produced on notice [Section 166]
29. Using, as evidence, of document production of which was refused on notice [Section 167]
30. Judge's power to put questions or order production [Section 168]
Question Bank
Improper Admission and Rejection of Evidence
1. No new trial for improper admission or rejection of evidence [Section 169]
2. Conclusion
Question Bank
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