CHAPTER II RELEVANCY OF FACTS ( BSA )

The Bharatiya Sakshya Adhiniyam, 2023, introduces significant updates to the law of evidence in India. One of the most critical aspects of this legislation is the detailed treatment of the relevancy of facts. Understanding which facts are relevant and admissible in court can make or break a case. This post explores Chapter II of the Act, focusing on the principles that determine the relevancy of facts, illustrated with practical examples to clarify their application.

Evidence of Facts in Issue and Relevant Facts

The foundation of any legal case lies in facts that are directly in issue or relevant to the matter at hand. Facts in issue are those facts that the court must decide to resolve the dispute. Relevant facts are those that help prove or disprove the facts in issue. The Act emphasizes that evidence may be given not only of the facts in issue but also of relevant facts that assist in understanding or establishing those facts.

For example, in a theft case, the fact that the accused was seen near the crime scene at the time of the theft is relevant, even though it is not the fact in issue itself. This helps the court build a clearer picture of the circumstances.

CHAPTER II RELEVANCY OF FACTS

3. Evidence may be given of facts in issue and relevant facts 

 Closely connected facts  

4.Relevancy of facts forming part of same transaction
5.Facts which are occasion, cause or effect of facts in issue or relevant facts
6.Motive, preparation and previous or subsequent conduct ....
7.Facts necessary to explain or introduce fact in issue or relevantfacts
8.Things said or done by conspirator in reference to common design
9.When facts not otherwise relevant become relevant
10.Facts tending to enable Court to determine amount are relevant in suits for damages
11.Facts relevant when right or custom is in question 
12.Facts showing existence of state of mind, or of body or bodily feeling
13.Facts bearing on question whether act was accidental or intentional 
14.Existence of course of business when relevant

Admissions 

15.Admission defined
16.Admission by party to proceeding or his agent
17.Admissions by persons whose position must be proved as against party to suit
18.Admissions by persons expressly referred to by party to suit......
19.Proof of admissions against persons making them, and by or on their behalf
20.When oral admissions as to contents of documents are relevant.
21. Admissions in civil cases when relevant 
22.Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding 
23.Confession to police officer 
24.Consideration of proved confession affecting person making it and others jointly under trial for same offence. 
25.Admissions not conclusive proof, but may estop

Statements by persons who cannot be called as witnesses

26.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant 
27.Relevancy of Certain evidence for proving, in subsequent proceeding, truth of facts therein stated 

Statements made under special circumstances

28. Entries in books of account when relevant 
29. Relevancy of entry in public record or an electronic record made 'in performance of duty 
30. Relevancy of statements in maps, charts and plans 
31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications 
32. Relevancy of statements as to any law contained in law books including electronic or digital form 

How much of a statement is to be proved

33. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

 Judgments of Courts when relevant 

34. Previous judgments relevant to bar a second suit or trial
35. Relevancy of certain judgments in probate, etc., jurisdiction.......
36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 35 
37. Judgments, etc., other than those mentioned in Sections 34, 35 and
36 when relevan
38. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Opinions of third persons when relevant

39. Opinions of experts 
40. Facts bearing upon opinions of experts 
41. Opinion as to handwriting and signature, when relevant 
42. Opinion as to existence of general custom or right, when relevant..
43. Opinion as to usages, tenets, etc., when relevant 
44. Opinion on relationship, when relevant 
45. Grounds of opinion, when relevant

 Character when relevant 

46. In civil cases character to prove conduct imputed, irrelevant 
47. In criminal cases previous good character relevant 
48. Evidence of character or previous sexual experience not relevant in certain cases 
49. Previous bad character not relevant, except in reply 
50. Character as affecting damages 

summarized table of Chapter II of the Bharatiya Sakshya Adhiniyam (BSA), 2023, categorized by the type of relevancy for easier reference.

Category	Sections	Key Concept	Summary Description
Core Principles	3	Evidence Scope	Evidence can only be given for "facts in issue" or "relevant facts."
Connected Facts	4 – 9	Logic of Connection	Covers facts forming part of the same transaction (Res Gestae), cause/effect, motive, preparation, conduct, and facts explaining or introducing a case.
Special Connectivity	10 – 14	Logic of Circumstances	Includes facts relevant for damages, customs, state of mind/body, accidental vs. intentional acts, and course of business.
Admissions	15 – 21	Statements of Parties	Defines admissions by parties or agents. Includes oral admissions regarding documents and their relevance in civil cases.
Confessions	22 – 25	Criminal Statements	Deals with confessions. Note: Confessions under threat (S. 22) or to police (S. 23) are generally irrelevant.
Hearsay Exceptions	26 – 27	Missing Witnesses	Covers Dying Declarations (S. 26) and statements by people who cannot be found or are dead.
Special Records	28 – 32	Document Relevancy	Relevancy of books of account, electronic records, public records, maps, and law books.
Evidence Context	33	Part of a Series	Rules on how much of a conversation or document must be proved when it's part of a larger series.
Judgments	34 – 38	Legal Outcomes	When previous judgments (Probate, Matrimonial, etc.) are relevant or act as a bar to a new trial (Res Judicata).
Expert Opinions	39 – 45	Third-Party Views	Opinions on Science, Art, Fingerprints, and Digital Forensics (S. 39). Includes opinions on handwriting and customs.
Character	46 – 50	Personal Reputation	In criminal cases, good character is relevant (S. 47); bad character is usually not (S. 49). Sexual history is irrelevant in consent cases (S. 48).

What Does Relevancy of Facts Mean?

In legal terms, relevancy refers to the connection between a fact and the issue being decided in a case. A fact is relevant if it helps prove or disprove a fact in issue or a fact relevant to the case. The Bharatiya Sakshya Adhiniyam 2023 clarifies this connection by categorizing different types of facts and their admissibility.

Evidence of Facts in Issue and Relevant Facts

The Act distinguishes between facts in issue and relevant facts:

• Facts in issue are the main facts the court needs to decide. For example, in a theft case, whether the accused took the property is a fact in issue.
• Relevant facts are those that help prove or disprove the facts in issue. For instance, the accused’s presence at the crime scene is a relevant fact.

The law permits evidence of both types, but the relevancy of facts must be established clearly to avoid confusion or irrelevant information.

Facts Closely Connected to Facts in Issue

The Act allows evidence of facts that are closely connected to the facts in issue. This means facts that form part of the same transaction or event can be admitted. For example, if a dispute arises from a contract, conversations or actions immediately before or after signing the contract may be relevant.

Example

In a case of breach of contract, the negotiations leading to the contract and the conduct of parties after signing can be relevant to understand the parties’ intentions and obligations.

Facts That Are Occasion, Cause, or Effect of Facts in Issue

Facts that explain the occasion, cause, or effect of the facts in issue are also relevant. This helps the court understand the context and consequences of the main facts.

Example

If a person is accused of causing injury, the circumstances leading to the injury and the medical treatment afterward are relevant to establish cause and effect.

Facts Forming Part of the Same Transaction

The Act emphasizes the importance of facts forming part of the same transaction. This principle allows the court to consider a series of connected acts as one transaction, even if they occur at different times or places.

Example

In a fraud case, the series of communications, payments, and agreements that together constitute the fraudulent scheme can be treated as one transaction.

Motive, Preparation, and Previous or Subsequent Conduct

The Act allows evidence of motive, preparation, and conduct before or after the event to be relevant. These facts help the court understand the mindset and intentions of the parties involved.

For instance, if a person is accused of arson, evidence that they purchased flammable materials beforehand or made threats against the property owner can be relevant to establishing motive and intent.

Motive and conduct before or after the event in question can be relevant to prove intent or knowledge. The Act recognizes that understanding why a person acted a certain way or what they did before or after an event can shed light on the facts in issue.

Example

If someone is accused of arson, evidence of threats made before the fire or suspicious behavior afterward can help establish motive and intent.

Facts Necessary to Explain or Introduce Facts in Issue

Sometimes, facts that are not directly related to the main issue become relevant because they explain or introduce the facts in issue. This helps the court follow the narrative and understand the evidence better.

Example

In a case involving a contract, the background circumstances that led to the contract’s formation may be necessary to explain the terms and conditions.

Statements or Actions by a Conspirator in Reference to a Common Design

The Act allows facts about what a conspirator said or did in furtherance of a common plan to be relevant. This helps prove the existence of a conspiracy and the roles of the participants.

Example

If several people are accused of planning a robbery, statements made by one conspirator to another about the plan can be admitted as evidence.

When Facts Not Otherwise Relevant Become Relevant

Certain facts that are not relevant on their own may become relevant due to specific circumstances. The Act provides flexibility to admit such facts when they help clarify or support other evidence.

Example

A witness’s prior inconsistent statement may not be relevant by itself but becomes important to assess the witness’s credibility.

Facts Tending to Enable Court to Determine Amount in Suits for Damages

In cases involving claims for damages, facts that help the court calculate the amount of compensation are relevant. This includes evidence of loss, expenses, or profits.

Example

In a personal injury claim, medical bills, loss of income, and expert testimony on future care costs are relevant facts.

Facts Relevant When Right or Custom Is in Question

When a case involves rights or customs, facts showing the existence or nature of those rights or customs become relevant. This helps the court understand the legal or social context.

Example

In a property dispute, evidence of customary land use or traditional rights may be relevant.

Facts Showing Existence of State of Mind or Bodily Feeling

The Act recognizes that facts indicating a person’s mental or physical state can be relevant. This includes emotions, intentions, or physical sensations.

Example

Evidence of a person’s fear or pain at the time of an incident can be relevant in assault cases.

Facts Bearing on Whether an Act Was Accidental or Intentional

Determining if an act was accidental or deliberate is often crucial. The Act allows facts that shed light on this question to be admitted.

Example

In a case of alleged poisoning, evidence of the accused’s behavior before and after the event may help establish intent.

Existence of Course of Business When Relevant

The Act permits facts showing the existence of a regular business practice or course of dealing to be relevant. This helps prove how parties usually behave in similar situations.

Example

In a dispute over delivery of goods, evidence of past business practices between the parties can clarify expectations and obligations.

The Bharatiya Sakshya Adhiniyam, 2023, provides a clear framework for understanding which facts are relevant in legal proceedings. By defining categories such as facts in issue, relevant facts, and facts connected by transaction or motive, the Act helps courts focus on evidence that truly matters. This approach reduces confusion and ensures fair trials.

For anyone involved in legal cases, grasping these principles is essential. It helps lawyers prepare stronger cases and assists judges in making informed decisions. The relevancy of facts is not just a technical rule but a tool to uncover truth and justice.

Readers interested in legal practice or those facing litigation should study these provisions carefully. Knowing how to identify and present relevant facts can significantly influence the outcome of a case. The Bharatiya Sakshya Adhiniyam 2023 marks a step forward in evidence law, making it clearer and more practical for the Indian legal system.

Admissions 

The Bharatiya Sakshya Adhiniyam 2023 introduces important updates to the legal framework governing admissions and confessions in Indian courts. These provisions clarify how statements made by parties or others involved in legal proceedings can be used as evidence. Understanding these rules is essential for legal professionals, law students, and anyone interested in the justice system. This article breaks down the key sections related to admissions and confessions, explaining their significance and practical application.

Summary Table: Admissions & Confessions (BSA, 2023)

Section	Topic	Key Summary
15	Admission defined	An admission is a statement (oral, documentary, or electronic) which suggests an inference as to any fact in issue or relevant fact.
16	Admission by party or agent	Statements made by parties to a proceeding, their authorized agents, persons with proprietary/pecuniary interest, or predecessors in title.
17	Admissions by third parties	Statements by persons whose position/liability must be proved against a party to the suit, if made while they occupy that position.
18	Admissions by referees	Statements made by persons to whom a party has expressly referred for information on a matter in dispute.
19	Proof of admissions	Admissions are generally relevant against the person who makes them, but cannot usually be used in their own favor (with specific exceptions).
20	Oral admissions (Documents)	Oral evidence about the contents of a document is irrelevant unless the party can show they are entitled to give secondary evidence.
21	Admissions in Civil cases	In civil cases, an admission is irrelevant if made upon an express condition that evidence of it should not be given (e.g., "Without Prejudice" talks).
22	Involuntary Confessions	A confession in a criminal proceeding is irrelevant if caused by inducement, threat, coercion, or promise from a person in authority.
23	Confession to Police	No confession made to a police officer shall be proved against a person accused of any offence.
24	Joint Trials	When more than one person is tried jointly for the same offence, a confession by one affecting himself and others may be taken into consideration against all.
25	Admissions vs. Estoppel	Admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of this Act.

What Admission Means Under the Law

Admission refers to a statement, whether oral or written, that suggests the truth of a fact against the person making it. The 2023 Act defines admission as any acknowledgment by a party or their agent that can be used to establish a fact in dispute. Admissions are not conclusive proof but serve as important evidence that can influence the outcome of a case.

For example, if a defendant admits to being present at the scene of an incident, this admission can support the plaintiff’s claim but does not automatically prove guilt or liability.

Admission by a Party or Their Agent

The law recognizes admissions made not only by the parties themselves but also by their authorized agents. This means statements made by someone acting on behalf of a party in the proceeding can be treated as admissions. The rationale is that agents represent the interests of the party and their statements reflect the party’s position.

For instance, if a company’s authorized representative admits to a contractual breach during negotiations, this admission can be used against the company in court.

Admissions by Persons Whose Position Must Be Proved

Sometimes, admissions come from individuals whose authority or relationship to a party must be established first. The Act specifies that such admissions are relevant only if the person’s position is proven. This prevents misuse of statements made by unrelated individuals.

For example, if a person claims to be an employee of a defendant company and makes an admission, the court must first verify their employment status before considering the admission as evidence.

Admissions by Persons Expressly Referred to by a Party

The Act also covers admissions made by persons specifically mentioned by a party in the suit. If a party refers to another individual in their pleadings or statements, admissions made by that individual can be relevant to the case.

For example, if a plaintiff refers to a witness who made certain statements, those statements may be admitted as evidence under this provision.

Proof of Admissions Against the Person Making Them

Admissions are generally considered relevant evidence against the person who made them. The law requires that such admissions be proved either by the person themselves or by someone authorized to do so on their behalf. This ensures that admissions are not taken out of context or misrepresented.

For example, a written admission signed by a party is strong evidence, but an oral admission must be corroborated or recorded properly to be accepted.

When Oral Admissions About Documents Are Relevant

The Act clarifies that oral admissions concerning the contents of documents are relevant only under certain conditions. If a party admits the truth of a document’s content orally, this can be used as evidence, but only if the document itself is not available or cannot be produced.

For example, if a contract is lost but a party admits orally to its terms, the court may consider this admission to establish the contract’s existence and content.

Admissions in Civil Cases

In civil proceedings, admissions play a crucial role in establishing facts without the need for further proof. The Act outlines when such admissions are relevant and how they can be used to support claims or defenses.

For instance, if a defendant admits owing money to the plaintiff, this admission can simplify the case by reducing the issues in dispute.

Confessions Induced by Threat or Promise Are Irrelevant in Criminal Cases

The 2023 Act strengthens protections against coerced confessions in criminal proceedings. It states that confessions obtained through inducement, threat, coercion, or promise are not admissible as evidence. This protects the rights of the accused and ensures that only voluntary confessions are considered.

For example, a confession made under police pressure or with the promise of leniency cannot be used to convict a suspect.

Confessions Made to Police Officers

The law maintains that confessions made to police officers are generally not admissible in court. This prevents misuse of police power and encourages confessions to be made voluntarily and in the presence of judicial authorities.

For example, a suspect’s confession to a police officer during interrogation is not sufficient proof of guilt unless corroborated by other evidence.

Considering Proved Confessions Affecting Multiple Accused

When multiple individuals are tried together for the same offence, the Act allows the court to consider a confession made by one accused that affects others jointly on trial. This helps in establishing the collective involvement of the accused in the crime.

For example, if one defendant admits to planning a robbery with co-accused, the confession can be used against all involved.

Admissions Are Not Conclusive Proof but May Estop

Admissions do not automatically prove a fact beyond doubt. However, they can prevent the person making the admission from denying the fact later, a principle known as estoppel. This means admissions can limit the scope of arguments and evidence in a case.

For example, if a party admits a contractual term, they cannot later claim ignorance of that term to avoid liability.

Statements by persons who cannot be called as witnesses 

The Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023, introduces important clarifications about the role of statements made by persons who cannot be called as witnesses in legal proceedings. These provisions address situations where direct testimony is unavailable, such as when a person is deceased or cannot be found. Understanding these rules is crucial for legal professionals, law students, and anyone interested in the Indian legal system. This article explores the key sections related to statements by non-witnesses, focusing on Sections 26 and 27 of the Act, and explains their practical implications.

Statements by Persons Who Cannot Be Called as Witnesses

In legal trials, evidence usually comes from witnesses who testify in court. However, sometimes the facts relevant to a case are known only to individuals who cannot appear as witnesses. These may include people who have died, are missing, or are otherwise unavailable. The Bharatiya Sakshya Adhiniyam 2023 recognizes the importance of such statements and provides guidelines on when and how they can be considered relevant.

Section 26: Cases Where Statements by Dead or Unavailable Persons Are Relevant

Section 26 deals with situations where a statement made by a person who is now dead, cannot be found, or is otherwise incapable of giving evidence, becomes relevant to the case. This section allows courts to admit such statements as evidence under specific conditions.

Key points under Section 26 include:

• Relevance of Statements: If a statement relates to a fact that is relevant to the case, and the person who made the statement is dead or cannot be found, the statement may be admitted as evidence.
• Conditions for Admissibility: The court must be satisfied that the person is genuinely unavailable and that the statement was made voluntarily and in a credible manner.
• Examples: A dying declaration made by a victim before death, or a statement recorded by police from a missing witness, may be considered under this section.

This provision helps ensure that important facts do not remain unheard simply because the original source of information cannot testify.

Section 27: Relevancy of Certain Evidence in Subsequent Proceedings

Section 27 addresses the use of evidence from previous proceedings to prove the truth of facts stated in those earlier cases. This is particularly relevant when the same facts are in dispute in a new case.

Important aspects of Section 27 include:

• Use of Previous Evidence: Statements or evidence admitted in an earlier proceeding may be used in a subsequent proceeding to establish the truth of the facts stated.
• Limitations: The evidence must have been legally obtained and relevant to the current case.
• Practical Application: For example, if a witness gave a statement in a prior trial that is relevant to a new case, that statement can be used to support the facts in the new trial.

This section promotes judicial efficiency by avoiding the need to re-examine evidence unnecessarily and helps maintain consistency in legal decisions.

Practical Examples to Illustrate the Provisions

To better understand these sections, consider the following scenarios:

• Dying Declaration: A person injured in an assault makes a statement identifying the attacker before passing away. Since the victim cannot testify, the statement is admitted under Section 26 as evidence.
• Missing Witness: A key witness in a fraud case disappears before the trial. The police had recorded the witness’s statement earlier. The court may admit this statement under Section 26, provided the witness cannot be found despite reasonable efforts.
• Subsequent Trial: A person convicted of theft appeals the decision, and the case is retried. The statements made by witnesses in the original trial can be used under Section 27 to prove the facts without calling the witnesses again.

These examples show how the Act balances the need for reliable evidence with the realities of legal proceedings.

Summary of Key Points

• Section 26 allows statements by persons who are dead or unavailable to be admitted as evidence if relevant and credible.
• Section 27 permits the use of evidence from previous proceedings to prove facts in subsequent cases.
• These provisions help courts consider important facts even when direct testimony is not possible.
• Practical examples include dying declarations, missing witnesses, and retrials.
• The rules improve judicial efficiency and fairness but require careful application to avoid misuse.

Statements made under special circumstances

The Bharatiya Sakshya Adhiniyam 2023 brings significant updates to the rules governing the relevancy of evidence in Indian courts. Understanding these changes is crucial for legal professionals, law students, and anyone interested in the judicial process. This post breaks down key provisions related to statements made under special circumstances, entries in books of account, public records, maps and plans, public acts or notifications, and law books. Clear knowledge of these aspects helps in assessing the strength and admissibility of evidence during trials.

BSA, 2023: Statements Made Under Special Circumstances

Section	Subject Matter	Key Conditions for Relevancy
28	Entries in Books of Account	Entries in books of account (including digital forms) regularly kept in the course of business are relevant. Note: Such entries alone are not sufficient to charge someone with liability without corroborating evidence.
29	Entries in Public/ Electronic Records	Entries made by a public servant in the discharge of their official duty, or by any other person in performance of a duty enjoined by law, are relevant. This explicitly includes electronic records.
30	Maps, Charts, and Plans	Statements of facts in issue or relevant facts made in published maps or charts offered for public sale, or in maps/plans made under the authority of the Central or State Government, are relevant.
31	Facts of Public Nature	Statements made in Central or State Acts, or in official Government notifications (including digital Gazettes), regarding facts of a public nature are considered relevant.
32	Statements as to Law	Statements about the law of any country contained in books purporting to be printed or published under the authority of that government, including those in electronic or digital form, are relevant.

Statements Made Under Special Circumstances

The Act recognizes that some statements carry special weight due to the circumstances under which they are made. These statements may be considered relevant even if they do not fit the usual criteria for admissibility.

For example, a dying declaration made by a victim before death is often accepted as evidence because it is assumed the person would not lie in such a critical moment. Similarly, confessions made to police officers or in court under oath have specific rules governing their relevancy.

The 2023 update clarifies when such statements can be admitted and how courts should evaluate their credibility. This ensures that justice is served without compromising the rights of the accused.

Entries in Books of Account When Relevant

Books of account, such as ledgers and financial records, often serve as crucial evidence in cases involving financial disputes, fraud, or business transactions. The Bharatiya Sakshya Adhiniyam 2023 specifies conditions under which entries in these books are considered relevant.

To be admissible, entries must be made in the regular course of business and at or near the time of the transaction. For instance, a company’s sales ledger entry recorded on the day of sale can support claims about the transaction’s occurrence.

This provision helps courts rely on documentary evidence that reflects routine business activities, reducing the need for extensive oral testimony.

Relevancy of Entry in Public Record or an Electronic Record Made in Performance of Duty

Public records maintained by government authorities hold significant evidentiary value. The Act expands this to include electronic records created as part of official duties.

For example, land registry documents, birth certificates, or government-issued licenses are public records. When these records are created or maintained by authorized officials during their duties, they are presumed to be accurate and relevant.

The 2023 law also acknowledges the growing role of digital records, ensuring that electronic documents generated by public authorities carry the same evidentiary weight as traditional paper records.

Relevancy of Statements in Maps, Charts, and Plans

Maps, charts, and plans often serve as evidence in cases involving land disputes, construction, or urban planning. The Act outlines when statements contained in these documents are relevant.

If a map or plan is prepared by a competent authority or under official supervision, the statements within it can be admitted as evidence. For example, a government survey map showing property boundaries can support claims in a land ownership dispute.

This provision helps courts rely on technical documents prepared by experts or officials, providing clarity in complex cases.

Relevancy of Statement as to Fact of Public Nature Contained in Certain Acts or Notifications

Certain facts of public nature, such as laws, regulations, or government notifications, are often relevant in legal proceedings. The Bharatiya Sakshya Adhiniyam 2023 confirms that statements contained in these official documents are admissible.

For instance, a government notification declaring a public holiday or a law specifying tax rates can be presented as evidence without requiring further proof.

This rule simplifies court procedures by allowing direct reference to authoritative documents that establish facts of public interest.

Relevancy of Statements as to Any Law Contained in Law Books Including Electronic or Digital Form

Legal texts, including law books and digital legal databases, are essential references in court. The Act clarifies that statements regarding the law contained in these sources are relevant evidence.

For example, a printed legal commentary or an electronic legal database entry explaining a statute can be used to support legal arguments.

This provision recognizes the modern shift towards digital legal resources, ensuring that courts accept electronic versions of law books with the same respect as printed copies.

The Bharatiya Sakshya Adhiniyam 2023 strengthens the framework for evaluating evidence by clearly defining the relevancy of various types of statements and records. Understanding these rules helps legal practitioners present stronger cases and supports fair judicial outcomes.

How much of a statement is to be proved

The BHARATIYA SAKSHYA ADHINIYAM, 2023, introduces important clarifications on how evidence is treated when statements form part of conversations, documents, electronic records, books, or series of letters or papers. Understanding these provisions is crucial for legal practitioners, students, and anyone interested in the Indian evidence law landscape. This post explores how much of a statement must be proved and what kind of evidence is required when statements appear within various forms of communication.

How Much of a Statement Is to Be Proved

One of the key questions under the BHARATIYA SAKSHYA ADHINIYAM, 2023, is the extent to which a statement must be proved when it forms part of a larger conversation or document. The law recognizes that statements rarely exist in isolation. Instead, they often appear within a broader context that shapes their meaning.

The Act requires that the whole or any part of the statement may be proved if it helps to explain or introduce the part in question. This means:

• If a statement is part of a conversation, proving only the isolated sentence may not suffice.
• The surrounding statements or the entire conversation might need to be presented to provide clarity.
• The court can consider the context to understand the intent and meaning behind the statement.

For example, if a letter contains a statement that seems ambiguous on its own, the rest of the letter or related correspondence may be introduced as evidence to clarify the meaning.

Evidence When Statement Forms Part of a Conversation

When a statement is part of a conversation, the BHARATIYA SAKSHYA ADHINIYAM, 2023, emphasizes the importance of context. The law allows for the entire conversation or relevant parts to be presented as evidence, not just the isolated statement.

Practical Implications

• Contextual clarity: Courts look at the conversation as a whole to avoid misinterpretation.
• Partial proof: Only the relevant parts of the conversation that explain or introduce the statement need to be proved.
• Reliability: The entire conversation can help establish the reliability and intent behind the statement.

For instance, in a dispute over a contract negotiation, a single sentence from a conversation might be misleading if taken alone. Presenting the full conversation can reveal the true agreement or disagreement between parties.

Evidence When Statement Forms Part of a Document or Electronic Record

The Act also addresses statements within documents and electronic records, recognizing the growing importance of digital evidence.

Documents

• Statements within documents can be proved by producing the document itself.
• If the statement is unclear, other parts of the document or related documents may be introduced to clarify.
• The authenticity of the document must be established before the statement can be considered.

Electronic Records

• Electronic records are treated similarly to physical documents.
• The statement within an electronic record can be proved by producing the record.
• The Act requires verification of the electronic record’s authenticity, including metadata or digital signatures if available.

For example, an email containing a statement about a business agreement can be submitted as evidence. If the statement is ambiguous, other emails in the thread or attachments may be used to clarify the intent.

Evidence When Statement Forms Part of a Book or Series of Letters or Papers

Statements appearing in books or a series of letters or papers have special considerations:

• The statement can be proved by producing the book or series.
• If the statement is part of a series, other letters or papers in the series may be introduced to explain or support the statement.
• The court may consider the entire series to understand the context and intent.

For example, in a case involving historical correspondence, a single letter’s statement might be unclear. Presenting the entire series of letters can provide a clearer picture of the communication and intent.

Examples to Illustrate the Application

Example 1: Conversation in a Contract Dispute

A party claims that during a phone call, the other party agreed to certain terms. The statement is part of a longer conversation. The court allows the entire conversation transcript to be submitted, not just the single sentence, to understand the full context and verify the claim.

Example 2: Statement in an Email Chain

An email contains a statement about delivery deadlines. The statement alone seems to promise a specific date. However, earlier emails in the chain show negotiations and changes. The court reviews the entire email chain to determine the actual agreement.

Example 3: Statement in a Series of Letters

In a property dispute, a letter contains a statement about ownership. The letter is part of a series of correspondence between the parties. The court examines the entire series to understand the history and context of ownership claims.

Judgments of Courts when relevant

The Bharatiya Sakshya Adhiniyam, 2023, introduces important provisions regarding the role of prior court judgments in legal proceedings. These rules clarify when earlier decisions can influence or bar subsequent suits or trials, especially in probate and other specialized jurisdictions. Understanding these aspects is crucial for legal professionals, litigants, and anyone interested in the Indian judicial process. This article explores key sections of the Adhiniyam, focusing on how previous judgments affect current cases, the scope of their relevance, and exceptions such as fraud or incompetency of courts.

Summary Table: Judgments of Courts When Relevant (BSA, 2023)

Section	Subject	Key Meaning & Relevance
34	Previous judgments to bar a second suit or trial	Based on the principle of Res Judicata. A judgment is relevant if it prevents a court from taking cognizance of a suit or trial because the matter has already been decided between the same parties.
35	Relevancy of judgments in Probate, Matrimonial, Admiralty, or Insolvency	These are "Judgments in Rem." They are relevant and conclusive proof of the legal character or status they confer or take away (e.g., declaring someone an executor of a will or legally divorced).
36	Relevancy of other judgments, orders, or decrees	Judgments not covered by Section 35 are relevant if they relate to matters of a public nature (e.g., a court ruling on a public right of way). However, these are not conclusive proof.
37	Judgments other than those mentioned in Sec. 34, 35, 36	General rule: Judgments not mentioned above are irrelevant, unless the existence of that judgment is a "fact in issue" or is relevant under some other provision of the BSA.
38	Fraud, Collusion, or Incompetency of Court	Any party to a legal proceeding may show that a judgment proved under Sections 34, 35, or 36 was delivered by a court not competent to do so, or was obtained by fraud or collusion.

When Previous Judgments Bar a Second Suit or Trial

One of the fundamental principles in law is that a matter once decided by a competent court should not be re-litigated. Section 34 of the Bharatiya Sakshya Adhiniyam, 2023, addresses this by specifying conditions under which prior judgments prevent a second suit or trial on the same issue.

• Finality of Judgments: If a court has delivered a final judgment on a matter, the same parties cannot bring a fresh suit on that issue.
• Same Parties or Their Representatives: The bar applies when the parties in the new suit are the same or represent the same interests as those in the earlier case.
• Identical Cause of Action: The cause of action in the second suit must be the same as in the first for the bar to apply.

For example, if a property dispute between two parties has been conclusively decided by a court, neither party can initiate another suit on the same property claim. This provision promotes judicial efficiency and prevents abuse of the legal process.

Relevance of Judgments in Probate and Related Jurisdictions

Section 35 of the Adhiniyam highlights the importance of certain judgments in probate and similar jurisdictions. Probate cases often involve the validation of wills, administration of estates, and related matters where prior judicial decisions can be highly relevant.

• Binding Effect of Probate Judgments: A judgment in a probate case can bind parties in subsequent proceedings concerning the same estate.
• Scope of Application: This relevance extends to cases involving guardianship, trusts, and administration of estates.
• Example: If a court has already declared a will valid, subsequent disputes about the same will’s authenticity or interpretation may be limited by that judgment.

This section ensures consistency in decisions related to estates and prevents conflicting rulings that could complicate estate administration.

Effect of Judgments, Orders, or Decrees Not Covered by Section 35

Section 36 deals with judgments, orders, or decrees that are not specifically mentioned in Section 35 but still hold relevance in legal proceedings.

• General Relevance: Such judgments may influence the outcome of a case if they relate to the parties or the subject matter.
• Discretion of the Court: Courts may consider these judgments as persuasive or binding depending on the circumstances.
• Example: A civil court’s order on a contractual dispute might be relevant in a subsequent suit involving the same contract but different parties.

This provision allows courts flexibility to consider a wider range of prior decisions while maintaining fairness.

Judgments Other Than Those Mentioned in Sections 34, 35, and 36

Section 37 expands the scope further by addressing judgments not covered in the previous sections but still relevant to ongoing cases.

• Broader Application: This includes judgments from different jurisdictions or courts that may impact the matter at hand.
• Use as Evidence: Such judgments can be introduced as evidence to support or challenge claims.
• Example: A foreign court’s judgment on a related matter might be relevant in an Indian court if it concerns the same parties or issues.

This section recognizes the interconnected nature of legal disputes and the need to consider all relevant judicial decisions.

Proving Fraud, Collusion, or Incompetency in Obtaining Judgment

Section 38 provides an important safeguard by allowing parties to challenge judgments obtained through fraud, collusion, or by incompetent courts.

• Fraud or Collusion: If a judgment was secured by dishonest means, it can be challenged and set aside.
• Incompetency of Court: Judgments from courts lacking jurisdiction or authority can be declared invalid.
• Burden of Proof: The party alleging fraud or incompetency must provide clear evidence.
• Example: If a judgment was obtained by bribing a court official or if the court lacked jurisdiction over the subject matter, the affected party can seek to nullify that judgment.

This section protects the integrity of the judicial system and ensures that justice is not compromised.

Practical Implications for Litigants and Legal Practitioners

Understanding these provisions helps avoid unnecessary litigation and promotes respect for judicial decisions. Here are some practical takeaways:

• Check for Prior Judgments: Before filing a suit, verify if a relevant judgment already exists that could bar the case.
• Use Prior Judgments Strategically: Cite relevant judgments to strengthen your case or to oppose frivolous claims.
• Challenge Fraudulent Judgments: If you suspect a judgment was obtained unfairly, gather evidence promptly to challenge it.
• Consult Probate Judgments Carefully: In estate matters, ensure prior probate decisions are considered to avoid conflicting claims.

Opinions of third persons when relevant 

The Bharatiya Sakshya Adhiniyam 2023 introduces significant updates to the rules governing evidence in Indian courts. Among these updates, the role of expert opinions stands out as a critical element in legal proceedings. Expert opinions help courts understand complex matters beyond common knowledge, ensuring fair and informed judgments. This article explores the various aspects of expert opinions as outlined in the 2023 Act, explaining their importance, types, and practical application in the Indian legal system.

Summary of Opinion Evidence (Sections 39–45 BSA)

Section (BSA)	Topic	Key Provisions & Scope	Old Section (IEA)
39(1)	Opinions of Experts	Relevant for points of foreign law, science, art, "any other field", handwriting, or finger impressions. Experts must be "specially skilled."	45
39(2)	Electronic Evidence	Specifically makes the opinion of the Examiner of Electronic Evidence (per IT Act) relevant for digital data.	45A
40	Facts Bearing on Opinions	Facts that support or contradict an expert's opinion become relevant even if they were otherwise irrelevant.	46
41	Handwriting & Signature	Opinion of anyone acquainted with the handwriting (e.g., family, business partners) is relevant to prove authorship.	47
42	General Custom or Right	Opinions of persons who would likely know of the existence of a "general custom or right" are relevant.	48
43	Usages, Tenets, etc.	Opinions of people with special means of knowledge regarding religious/charitable foundations, family tenets, or local terms.	49
44	Relationship	Opinions expressed by conduct (e.g., family treating a couple as married) are relevant to prove relationship.	50
45	Grounds of Opinion	The reasons, logic, and data (grounds) behind an expert's opinion are also relevant.	51

What Are Expert Opinions in Legal Proceedings?

Expert opinions refer to statements or conclusions provided by individuals with specialized knowledge, skills, or experience relevant to a case. These opinions assist judges and juries in interpreting facts that require technical or scientific understanding. The Bharatiya Sakshya Adhiniyam 2023 recognizes the value of such opinions and sets clear guidelines on how they should be presented and evaluated.

Experts may include professionals such as forensic scientists, handwriting analysts, medical doctors, or cultural scholars. Their opinions can clarify evidence related to handwriting, signatures, customs, relationships, or other specialized subjects.

Opinions of Experts and Their Importance

The Act emphasizes that expert opinions are not evidence of facts themselves but help the court understand facts that are otherwise difficult to interpret. For example, a forensic expert’s opinion on handwriting can help verify the authenticity of a document, while a cultural expert’s opinion might explain the relevance of a local custom in a dispute.

Expert opinions carry weight because they:

• Provide clarity on technical matters
• Help avoid misunderstandings of complex evidence
• Support the court in making informed decisions

However, the court retains the authority to accept or reject expert opinions based on their credibility and relevance.

Facts Bearing Upon Opinions of Experts

Experts base their opinions on facts presented during the trial. The Act requires that these facts be clearly stated and accessible for examination. For instance, a handwriting expert must have access to the original documents and samples for comparison. The reliability of an expert’s opinion depends on the accuracy and completeness of the facts they consider.

Courts often scrutinize the facts underlying expert opinions to ensure they are not biased or incomplete. This scrutiny helps maintain the integrity of the judicial process.

Opinion as to Handwriting and Signature

One of the specific areas covered by the Act is the expert opinion on handwriting and signatures. This is crucial in cases involving disputed documents, such as wills, contracts, or financial instruments.

Experts analyze characteristics such as stroke patterns, pressure, and letter formation to determine authenticity. Their opinions can confirm or challenge the validity of signatures, influencing the outcome of a case.

For example, in a property dispute where a will’s signature is questioned, a handwriting expert’s opinion can provide decisive evidence.

Opinion as to Existence of General Custom or Right

The Act also allows experts to give opinions on the existence of general customs or rights, especially when these customs are not widely known or documented. This is important in cases involving tribal laws, local traditions, or community practices.

An expert familiar with a particular community’s customs can explain whether a certain practice is generally accepted and legally relevant. This helps courts apply the law fairly in diverse cultural contexts.

Opinion as to Usages, Tenets, and Similar Matters

Experts may also provide opinions on usages, tenets, or principles relevant to a case. For example, in religious or philosophical disputes, an expert might clarify the meaning of specific tenets or rituals.

Such opinions help the court understand the context and significance of evidence related to beliefs or practices, ensuring judgments respect cultural and social nuances.

Opinion on Relationship

The Act recognizes the importance of expert opinions on relationships, such as familial ties or social connections. This can be relevant in cases involving inheritance, custody, or maintenance.

Experts may use scientific methods like DNA testing or social research to establish relationships. Their opinions provide objective evidence that supports legal claims.

Grounds of Opinion

Experts must clearly state the grounds on which their opinions are based. This includes the methods used, facts considered, and reasoning followed. Transparency in the grounds of opinion allows the court and opposing parties to assess the validity and reliability of the expert’s conclusions.

For example, a forensic expert should explain the scientific techniques applied in analyzing evidence and why those techniques are appropriate.

Practical Examples of Expert Opinions in Court

• Handwriting Analysis: In a fraud case, a handwriting expert compares signatures on disputed checks with known samples to detect forgery.
• Medical Opinion: In a personal injury case, a doctor provides an opinion on the extent of injuries and their impact on the victim’s life.
• Customs Expert: In a land dispute involving tribal communities, an anthropologist explains traditional land ownership customs.
• Relationship Expert: In a paternity suit, a geneticist offers an opinion based on DNA test results.

These examples show how expert opinions clarify facts and support justice.

Challenges and Considerations

While expert opinions are valuable, they also present challenges:

• Bias: Experts may have conflicts of interest or personal biases.
• Complexity: Courts must understand technical language and methods.
• Contradictory Opinions: Different experts may offer opposing views.
• Reliability: The scientific validity of methods used must be sound.

The Bharatiya Sakshya Adhiniyam 2023 addresses these challenges by requiring clear grounds for opinions and allowing courts to evaluate expert credibility carefully.

Conclusion

Expert opinions play a vital role in the Bharatiya Sakshya Adhiniyam 2023 by helping courts navigate complex evidence. Whether related to handwriting, customs, relationships, or scientific facts, expert insights provide clarity and support fair judgments. Understanding the rules and standards for expert opinions ensures that legal decisions rest on solid, transparent foundations.

 Character when relevant 

Character evidence plays a crucial role in legal proceedings, but its use varies significantly between civil and criminal cases. The Bharatiya Sakshya Adhiniyam, 2023 provides clear guidelines on when and how character evidence can be introduced in court. This post explores these rules, explaining their practical implications and offering examples to clarify the application of character evidence in different legal contexts.

Character Evidence under BSA, 2023

Section	Context	Relevance	Key Rule / Exception
46	Civil Cases	Irrelevant	Character cannot be used to prove that a person’s conduct is likely or unlikely. (Exception: Unless it appears from facts otherwise relevant).
47	Criminal Cases	Relevant	The fact that the person accused is of good character is always relevant to the defense.
48	Sexual Offences	Irrelevant	In prosecutions for specific sexual offences (e.g., rape), evidence of the victim's character or previous sexual experience is not relevant to the issue of consent.
49	Criminal Cases	Irrelevant	Bad character is generally not relevant unless evidence has been given that the person has a good character (in which case it becomes relevant in reply).
50	Damages	Relevant	In civil cases where the amount of damages is at stake, the character of the person is relevant if it affects the amount they should receive.

Character Evidence in Civil Cases

In civil cases, the focus is primarily on facts and conduct related to the dispute. The Bharatiya Sakshya Adhiniyam, 2023 states that character evidence is generally irrelevant when it is used solely to prove the conduct imputed to a person. This means that a party cannot introduce evidence about someone's character just to suggest they acted in a certain way during the incident in question.

Why Character Evidence Is Limited in Civil Cases

Civil disputes often involve contracts, property, or personal injury claims where the facts of the case are more important than the personality or reputation of the parties. For example, in a breach of contract case, the court focuses on whether the contract terms were fulfilled, not on whether one party has a good or bad character.

When Character May Affect Damages

There is an exception where character evidence may influence the amount of damages awarded. For instance, if a plaintiff’s character affects their reputation or standing in the community, this may be relevant in assessing compensation for defamation or emotional distress. The law recognizes that damages can be impacted by the victim’s social standing or previous conduct, but this is a narrow and specific use of character evidence.

Character Evidence in Criminal Cases

Criminal cases treat character evidence differently. The Bharatiya Sakshya Adhiniyam, 2023 allows previous good character to be relevant. This means a defendant can introduce evidence of their good character to support their credibility or suggest they are less likely to have committed the crime.

Previous Good Character as a Defense

Good character evidence can help create reasonable doubt about the defendant’s guilt. For example, if a person accused of theft has a long history of honesty and law-abiding behavior, this evidence may persuade the court to question the likelihood of their involvement in the crime.

Limits on Character Evidence in Criminal Cases

Despite this allowance, the law restricts the use of character evidence to prevent unfair prejudice. Evidence of previous bad character is generally not relevant unless it is introduced in reply to the defendant’s claim of good character. This prevents the prosecution from unfairly attacking the defendant’s reputation without cause.

Restrictions on Sexual Experience and Character Evidence

The Bharatiya Sakshya Adhiniyam, 2023 also places strict limits on the use of character evidence related to sexual experience. In certain cases, evidence about a person’s previous sexual conduct is not relevant and cannot be introduced. This protects the privacy and dignity of individuals, especially in sensitive cases such as sexual assault.

Protecting Privacy and Fairness

For example, in a sexual assault trial, the defendant cannot introduce evidence about the complainant’s past sexual behavior to suggest consent or discredit their testimony. This rule helps ensure the trial focuses on the facts of the alleged incident rather than irrelevant personal history.

Previous Bad Character Evidence and Its Use

The law generally excludes evidence of previous bad character unless it is used in reply. This means if the defense introduces good character evidence, the prosecution may respond with evidence of prior misconduct to challenge that claim.

Example of Reply Use

If a defendant claims they have always been honest, the prosecution might introduce evidence of past fraud convictions to counter this assertion. This balanced approach prevents misuse of character evidence while allowing fair rebuttal.

How Character Evidence Affects Damages

In both civil and criminal cases, character can influence the outcome beyond guilt or liability. For example, in civil cases involving defamation, the plaintiff’s character may affect the damages awarded. Similarly, in criminal sentencing, a defendant’s character can impact the severity of the punishment.

Practical Impact

A defendant with a strong record of good behavior might receive a lighter sentence, while a plaintiff with a tarnished reputation might receive lower damages in a defamation case. Courts weigh character evidence carefully to ensure fair outcomes.

Summary of Key Points

• In civil cases, character evidence is mostly irrelevant to prove conduct but may affect damages.
• In criminal cases, previous good character is relevant and can support the defense.
• Evidence of previous bad character is generally excluded unless used in reply.
• Sexual experience evidence is restricted to protect privacy and fairness.
• Character evidence influences damages and sentencing but is tightly controlled to avoid prejudice.

Understanding these rules helps legal professionals and individuals navigate the complexities of evidence law under the Bharatiya Sakshya Adhiniyam, 2023. Proper use of character evidence ensures trials focus on relevant facts while protecting the rights of all parties.