Bharatiya Sakshya Adhiniyam (BSA), 2023 Review

Flashcards covering the essential vocabulary, legal sections, and doctrines found in the lecture on Foundations of Law, the Bharatiya Sakshya Adhiniyam, and the Bharatiya Nyaya Sanhita.

Bharatiya Sakshya Adhiniyam (BSA), $2023$

The central legislation in India that tells courts how to determine the truth and serves as the rulebook for what can be presented to a judge to prove or disprove a fact.

Evidence

Any information, object, or testimony that a court accepts to help it reach a decision about a dispute, acting as a bridge between a claim and the truth.

Oral Evidence

Statements that the court permits or requires to be made by witnesses regarding matters of fact under inquiry, which under the BSA must always be direct.

Documentary Evidence

All documents produced for the inspection of the court, including electronic or digital records such as emails, WhatsApp chats, and server logs.

Primary Evidence

The highest form of proof consisting of the original document itself, such as the actual file on a hard drive or an original signed contract.

Secondary Evidence

Copies or substitutes for an original document, such as photocopies or verbal accounts, allowed only when the original is lost, destroyed, or in the possession of the opposite party.

Substantive Law

Law that defines the rights, duties, and liabilities of citizens, such as the Bharatiya Nyaya Sanhita (BNS) which defines crimes like murder.

Adjective Law

Also known as Procedural Law, it provides the machinery or process by which substantive laws are enforced, with the BSA being a prime example.

Relevancy

A concept based on logic and common sense where a fact is considered relevant if it is logically connected to the event being investigated.

Admissibility

A legal exercise based on statute and public policy determining whether the law allows a specific piece of evidence to be presented in court.

Physical Facts

Anything that can be perceived by the $5$ senses, such as seeing a car crash or hearing a gunshot.

Psychological Facts

States of mind that a person is conscious of, including intentions, opinions, or acting in good faith.

Fact in Issue

Also called the 'Principal Fact,' it is the most important element of a case that the parties are disputing and upon which the final verdict hinges.

Relevant Fact

Foundational facts that are not the main dispute but help the judge logically connect dots to determine if a Fact in Issue is true.

Judicial Proceeding

Defined under Section $2(i)$ of the BNSS, $2023$, as any proceeding in the course of which evidence is, or may be, legally taken on oath.

Section $63$ of the BSA

The provision requiring that any electronic or digital record be accompanied by a Certificate of authenticity signed by an expert and the person in charge of the device.

Hash Values

Unique digital fingerprints used in forensic investigations to prove that digital data presented in court is identical to the data collected at the scene.

May Presume

A discretionary, rebuttable presumption where the court has the choice to either accept a fact as proved or ask for more evidence.

Shall Presume

A mandatory, rebuttable presumption where the law requires the court to regard a fact as proved unless and until it is disproved.

Conclusive Proof

An irrebuttable presumption where the law forbids any evidence from being led to disprove a second fact once the first fact is proven.

Presumption of Fact

Discretionary inferences known as 'Naturalis' based on human logic, common sense, and the normal course of life.

Presumption of Law

Mandatory instructions known as 'Legalis' established by statute that a judge must follow regardless of personal opinion.

Dowry Death

Defined under Section $80$ of the BNS as the unnatural death of a woman within $7$ years of marriage caused by harassment for dowry occurring 'soon before' death.

Section $118$ of the BSA

The provision (formerly Section $113B$ of the IEA) that creates a mandatory presumption of guilt against a husband if the essential elements of dowry death are proven.

Section $116$ of the BSA

The provision stating that birth during a valid marriage is 'conclusive proof' of legitimacy, though modern courts allow this to be rebutted by DNA testing or proof of non-access.

Res Gestae

A Latin phrase meaning 'things done,' referring to facts so closely connected to the main transaction that they form part of it and are admissible as an exception to the hearsay rule.

Motive

The emotion or desire (such as jealousy or greed) that drives a person to commit a crime; it is supporting evidence but not substantive evidence on its own.

Preparation

The arranging of tools, resources, or opportunities needed to commit a crime, such as buying a specific poison a week before a murder.

Subsequent Conduct

The actions of a person after a crime, such as running away or destroying evidence, which are considered relevant if connected to the offense.

Plea of Alibi

A defense under Section $9$ of the BSA meaning 'elsewhere,' used when an accused claims they were at a different location making it physically impossible to have committed the crime.

Test Identification Parade (TIP)

A procedural tool under Section $7$ of the BSA used to test a witness's memory by having them identify a suspect from a lineup of similar-looking individuals.

Admission

Defined under Section $15$ of the BSA as a voluntary acknowledgment of the truth of a fact made by a party to a legal proceeding.

Confession

A specific form of admission made by an accused person stating that they have committed the crime charged.

Discovery Statement

An exception under Section $27$ where a confession made to police is admissible only to the extent it leads to the discovery of a new physical fact.

Nemo moriturus praesumitur mentire

A legal maxim meaning 'No one is presumed to lie when on the verge of death,' serving as the core philosophy behind dying declarations.

Hearsay Rule

The general legal prohibition against 'second-hand' evidence based on what a witness heard from someone else rather than personal knowledge.

Dieing Declaration

A statement made by a person regarding the cause or circumstances of their death, admissible as a major exception to the hearsay rule.

Burden of Proof

The fixed legal obligation on a party to prove their case, which stays with the person making the claim throughout the trial.

Onus of Proof

The tactical or evidential burden to introduce evidence to support a claim at a specific moment, which can shift between parties as the trial progresses.

Standard of Proof

The threshold of evidence required: 'Beyond Reasonable Doubt' for criminal trials and 'Preponderance of Probability' ($51.00$%) for civil trials.

Estoppel

A rule of fairness that prevents a person from taking a position inconsistent with their previous conduct if another person relied on that conduct to their detriment.

Competent to testify

The legal status of a witness who is capable of understanding questions and giving rational, logical answers, including individuals with speech disabilities or those in lucid intervals.

Examination-in-Chief

The first stage of witness examination where the party calling the witness asks open-ended questions to establish the basic facts of their case.

Cross-Examination

The second stage of examination where the opposite party uses leading questions to test the reliability, memory, and honesty of a witness.

Re-Examination

The final stage of examination used by the party who called the witness to clarify or explain points that arose during cross-examination.

Leading Question

Any question that suggests the desired answer to the witness, generally prohibited during examination-in-chief but encouraged during cross-examination.

Section $161$ of the BSA

The provision (formerly Section $144$ of the IEA) establishing that when evidence relates to matters in writing, the court must require the physical document itself rather than oral interpretation.