Bharatiya Sakshya Adhiniyam (BSA) 2023 | Legal Reasoning for CLAT PDF Download

 Page 1


THE 
BHARATIY A 
SAKSHY A 
ADHINIY AM 
2023
Page 2


THE 
BHARATIY A 
SAKSHY A 
ADHINIY AM 
2023
THE BHARATIYA SAKSHYA 
ADHINIYAM, 2023
Page 3


THE 
BHARATIY A 
SAKSHY A 
ADHINIY AM 
2023
THE BHARATIYA SAKSHYA 
ADHINIYAM, 2023
2    The Bharatiya Sakshya Adhiniyam, 2023
Strengthening Transparency
•	 Understand Bharatiya Sakshya Adhiniyam, (BSA) 2023 and its salient features.
•	 Understand the basics of evidence law , including types of evidence like direct, 
circumstantial, and hearsay .
•	 Explor es	 ho w	 t echnology	 influences	 e vidence	 collection,	 pr eserv ation,	 and	
presentation in legal settings.
•	 Practice applying evidence law knowledge to analyse cases and assess the 
admissibility of evidence.
•	 When the reader is caught in a situation where they are a witness to or victim 
of a crime, the knowledge of this module will be a major guiding factor in 
strengthening their case with the help of appropriate evidence so collected. 
Learning 
outcomes
You might have heard of the incidents of fraud, robbery and about the 
various proceedings through which legal cases are solved. Did you wonder 
what must have helped to solve the cases? How the evidences are gathered 
or	 ho w	 ar e	 these	 link ed	 t o	 differ ent	 aspects	 of	 theft	 or	 r obbery?	 Y ou	 will	 learn	
about		Bhar ati y a	Saksh y a	A dhini y am	(BS A)	and	its	differ ent	pr o visions	and	
facts. This will also help you to understand what constitutes as “evidences”. 
Let us learn and act responsibly , particularly in the present digital era.
Page 4


THE 
BHARATIY A 
SAKSHY A 
ADHINIY AM 
2023
THE BHARATIYA SAKSHYA 
ADHINIYAM, 2023
2    The Bharatiya Sakshya Adhiniyam, 2023
Strengthening Transparency
•	 Understand Bharatiya Sakshya Adhiniyam, (BSA) 2023 and its salient features.
•	 Understand the basics of evidence law , including types of evidence like direct, 
circumstantial, and hearsay .
•	 Explor es	 ho w	 t echnology	 influences	 e vidence	 collection,	 pr eserv ation,	 and	
presentation in legal settings.
•	 Practice applying evidence law knowledge to analyse cases and assess the 
admissibility of evidence.
•	 When the reader is caught in a situation where they are a witness to or victim 
of a crime, the knowledge of this module will be a major guiding factor in 
strengthening their case with the help of appropriate evidence so collected. 
Learning 
outcomes
You might have heard of the incidents of fraud, robbery and about the 
various proceedings through which legal cases are solved. Did you wonder 
what must have helped to solve the cases? How the evidences are gathered 
or	 ho w	 ar e	 these	 link ed	 t o	 differ ent	 aspects	 of	 theft	 or	 r obbery?	 Y ou	 will	 learn	
about		Bhar ati y a	Saksh y a	A dhini y am	(BS A)	and	its	differ ent	pr o visions	and	
facts. This will also help you to understand what constitutes as “evidences”. 
Let us learn and act responsibly , particularly in the present digital era.
Strengthening Transparency    3
Evolution of Evidence Law in India
The word “evidence” is derived from the Latin word evidens or evidere, which 
means “to show clearly; to make clear to the sight; to discover clearly; to 
make plainly certain; to ascertain; to prove”.
The Indian Evidence Act (IEA), originally passed by the Imperial 
Legislative Council in 1872, during the British Raj, provides for laws relating 
to evidence and assist courts in establishing facts of the case brought before it 
and pronouncing judgments based on such facts. It falls within the category 
of	 ‘ adjecti v e	 la w’	 and	 it	 defines	 the	 pleading	 and	 methodology	 b y	 which	 the	
substantive and procedural law are operationalised. The Act governed all 
court processes in India, both civil and criminal.
As per BSA, “evidence” means and includes—
•	 all	 statements	 including	 statements	 given	 electronically	 which	
the	 Court	 permits	 or	 requires	 to	 be	 made	 before	 it	 by	 witnesses	 in	
relation	 to	 matters	 of	 fact	 under	 inquiry	 and	 such	 statements	 are	
called	oral	evidence;
•	 all	 documents	 including	
electronic	 or	 digital	
records	 produced	 for	 the	
inspection	 of	 the	 Court	
and	 such	 documents	
are	 called	 documentary	
evidence.
The	 definitions	 of	 document	
and evidence have become wider 
to include electronic record and 
digital records. Anything done 
in electronic or digital mode will 
be considered as document and 
will be recognised as evidence. 
The	 definition	 of	 ‘E vidence ’	
empowers the courts to examine 
witnesses during trial by way of 
video conference. 
Fig.1. Why do we need Evidence Law?
Ensures 
Fairness 
in Legal 
Proceedings
Adapts to 
Technological 
Advances
Protects 
Rights of 
Individuals
Why do we 
need Evidence 
Law?
Balances 
Competing 
Interests
Enhances 
Efficiency	
in Justice 
System
Promotes 
Reliability 
and 
Accuracy
Page 5


THE 
BHARATIY A 
SAKSHY A 
ADHINIY AM 
2023
THE BHARATIYA SAKSHYA 
ADHINIYAM, 2023
2    The Bharatiya Sakshya Adhiniyam, 2023
Strengthening Transparency
•	 Understand Bharatiya Sakshya Adhiniyam, (BSA) 2023 and its salient features.
•	 Understand the basics of evidence law , including types of evidence like direct, 
circumstantial, and hearsay .
•	 Explor es	 ho w	 t echnology	 influences	 e vidence	 collection,	 pr eserv ation,	 and	
presentation in legal settings.
•	 Practice applying evidence law knowledge to analyse cases and assess the 
admissibility of evidence.
•	 When the reader is caught in a situation where they are a witness to or victim 
of a crime, the knowledge of this module will be a major guiding factor in 
strengthening their case with the help of appropriate evidence so collected. 
Learning 
outcomes
You might have heard of the incidents of fraud, robbery and about the 
various proceedings through which legal cases are solved. Did you wonder 
what must have helped to solve the cases? How the evidences are gathered 
or	 ho w	 ar e	 these	 link ed	 t o	 differ ent	 aspects	 of	 theft	 or	 r obbery?	 Y ou	 will	 learn	
about		Bhar ati y a	Saksh y a	A dhini y am	(BS A)	and	its	differ ent	pr o visions	and	
facts. This will also help you to understand what constitutes as “evidences”. 
Let us learn and act responsibly , particularly in the present digital era.
Strengthening Transparency    3
Evolution of Evidence Law in India
The word “evidence” is derived from the Latin word evidens or evidere, which 
means “to show clearly; to make clear to the sight; to discover clearly; to 
make plainly certain; to ascertain; to prove”.
The Indian Evidence Act (IEA), originally passed by the Imperial 
Legislative Council in 1872, during the British Raj, provides for laws relating 
to evidence and assist courts in establishing facts of the case brought before it 
and pronouncing judgments based on such facts. It falls within the category 
of	 ‘ adjecti v e	 la w’	 and	 it	 defines	 the	 pleading	 and	 methodology	 b y	 which	 the	
substantive and procedural law are operationalised. The Act governed all 
court processes in India, both civil and criminal.
As per BSA, “evidence” means and includes—
•	 all	 statements	 including	 statements	 given	 electronically	 which	
the	 Court	 permits	 or	 requires	 to	 be	 made	 before	 it	 by	 witnesses	 in	
relation	 to	 matters	 of	 fact	 under	 inquiry	 and	 such	 statements	 are	
called	oral	evidence;
•	 all	 documents	 including	
electronic	 or	 digital	
records	 produced	 for	 the	
inspection	 of	 the	 Court	
and	 such	 documents	
are	 called	 documentary	
evidence.
The	 definitions	 of	 document	
and evidence have become wider 
to include electronic record and 
digital records. Anything done 
in electronic or digital mode will 
be considered as document and 
will be recognised as evidence. 
The	 definition	 of	 ‘E vidence ’	
empowers the courts to examine 
witnesses during trial by way of 
video conference. 
Fig.1. Why do we need Evidence Law?
Ensures 
Fairness 
in Legal 
Proceedings
Adapts to 
Technological 
Advances
Protects 
Rights of 
Individuals
Why do we 
need Evidence 
Law?
Balances 
Competing 
Interests
Enhances 
Efficiency	
in Justice 
System
Promotes 
Reliability 
and 
Accuracy
4    The Bharatiya Sakshya Adhiniyam, 2023
Bharatiya Sakshya Adhiniyam, 2023
The aim of BSA is to consolidate and to provide 
general rules and principles as evidence for 
fair trial. The Act includes various forward-
looking provisions, such as, expansion of the 
definition	 of	 e vidence	 t o	 include	 electr onic	
and	 digital	 r ecor ds,	 expansion	 of	 definition	 of	
primary evidence, provision for admissibility 
of electronic or digital records as evidence, 
exclusion of privileged communication between 
the Ministers and the President of India from 
the	 purvie w	 of	 C ourts,	 pr o vision	 of	 certificat e	
for handling of electronic and digital evidence, 
etc. In BSA, there are total 170 sections whereas 
there were a total of 167 sections in the Indian 
Evidence Act (IEA). 
Rationale
The law of evidence is a fundamental part of our legal system which is 
primarily based on the principle that an accused person is presumed to 
be innocent until proven guilty. It provides the rules and guidelines for 
determining what evidence can be presented in court, how it should be 
presented, and how it should be evaluated. Here are several reasons why 
evidence law is essential:
Relevant, authentic, and obtained legally, evidence law promotes the 
reliability and accuracy of the information presented in court. This helps to 
ensur e	that	judicial	decisions	ar e	based	on	trustw orth y	and	v erifiable	facts.
  Ensures Fairness in Legal Proceedings: Evidence law ensures 
that both parties in a legal dispute have a fair opportunity to present 
their case. By establishing clear rules for what can be considered as 
evidence, it helps to prevent biased or irrelevant information from 
influencing	the	out come	of	a	trial.