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BSA Section 1 Overview and Applicability

The Bharatiya Sakshya Adhiniyam 2023 governs the collection, presentation, and admissibility of evidence in Indian courts, applying to all civil and criminal proceedings across the country. It includes provisions for both physical and electronic evidence, emphasizing the importance of the Doctrine of Res Gestae and the accountability of conspirators in legal cases. The Act aims to ensure consistency in evidence handling while excluding certain proceedings such as those before arbitrators.

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Aamina Hashim
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89 views43 pages

BSA Section 1 Overview and Applicability

The Bharatiya Sakshya Adhiniyam 2023 governs the collection, presentation, and admissibility of evidence in Indian courts, applying to all civil and criminal proceedings across the country. It includes provisions for both physical and electronic evidence, emphasizing the importance of the Doctrine of Res Gestae and the accountability of conspirators in legal cases. The Act aims to ensure consistency in evidence handling while excluding certain proceedings such as those before arbitrators.

Uploaded by

Aamina Hashim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

BSA Module 1

17 April 2025 17:30

A. Introduction and Applicability (S1–2)

Applicability

• The Act applies to all civil and criminal proceedings in


Indian courts.

• It governs how evidence is collected, presented, and


admitted in court.

• The Act applies across India and aims to streamline


judicial proceedings.

• Rules of admissibility apply to both physical and


electronic evidence. It allows for the use of digital
evidence, aligning with modern legal needs.

• The Act covers all courts and tribunals dealing with


evidence-based cases. It ensures consistency in how
evidence is handled across different cases. Arbitrators, who
settle disputes privately, are not included.

• The provisions of the Act influence the burden of proof


in criminal cases.

• Scope of Application:
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• Scope of Application:

Applicable to all judicial proceedings in or before any court.


Includes Courts-martial under military law.

BSA Excludes:
o Affidavits presented to any court or officer.
o Proceedings before arbitrators.

Definitions under Bharatiya Sakshya Adhiniyam 2023

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1. Res Gesta

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1. Res Gestae
2.

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Sec 4

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Sec 4
Doctrine of Res Gestae (Sec 4 of BSA, 2023) means “things
said and done in the same transaction.”

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Case Law

• The Doctrine of Res Gestae (S4) ensures that facts closely


connected with a principal event are admissible as evidence
due to their reliability and relevance.
• It serves as an exception to hearsay, emphasizing
spontaneity and continuity in transactions, making it
indispensable in criminal cases and civil disputes alike for
ensuring justice through accurate fact-finding.

Section 6

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Ø Sec 8 ensures all conspirators are held responsible by
treating every action, statement, or writing related to the plan
as valid evidence.
sec 8
Ø This law is useful in cases related to terrorism, fraud, and
organized crime.

Ø Just knowing a conspirator is not enough for punishment—


there must be proof of active involvement.

Ø The court first needs proof that a conspiracy exists before


applying this law.

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Sec 9

Limitation

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The principle on which it is admitted as evidence is indicated
in the legal maxim ‘nemo moriturus prae-sumitur mentire’
which means a man will not meet his maker with a lie in his
mouth.

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1. Res Gestae
2

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1. Res Gesta

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S47: Good Character in Criminal Cases

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S46: Character in Civil Cases

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