Type of Witness

Introduction: Who is a Witness?

A witness is a person who provides testimony before a court of law regarding facts related to
a case. Their statements help in proving or disproving the claims of parties involved in a legal
proceeding. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023), different types of
witnesses are recognized based on their relationship with the case, method of testimony,
and credibility.

The role of a witness is crucial in ensuring justice, as courts rely on their statements to
establish the facts of a case. The credibility of a witness depends on their competency,
truthfulness, and the relevance of their testimony.

Synopsis

This document categorizes the types of witnesses recognized under Bharatiya Sakshya
Adhiniyam, 2023, along with the relevant legal provisions. The classification includes:

1. Competent Witness – Section 124

2. Dumb Witness – Section 125

3. Hostile Witness – Section 157

4. Child Witness – Section 124

5. Expert Witness – Sections 39, 45

6. Accomplice Witness – Section 133

Each type is discussed below with its legal definition and relevant provisions.

Types of Witnesses and Relevant Sections

1. Competent Witness (सक्षम साक्षी)

 Definition: A person who is capable of understanding the questions posed and

providing rational answers.

 Relevant Section: Section 124 – All persons are competent to testify unless they
cannot understand or respond due to age, disease, or mental condition.

2. Dumb Witness (मूक साक्षी)

 Definition: A witness unable to speak but can communicate through other means,
such as writing or gestures.
  Relevant Section: Section 125 – Allows a dumb witness to testify through any mode
of communication that the court understands, treating it as oral evidence.

3. Hostile Witness (प्रतिकूल साक्षी)

 Definition: A witness who turns against the party that called them by giving
contradictory testimony.

 Relevant Section: Section 157 – Permits cross-examination of a witness by the party

that called them if they exhibit hostility.

4. Child Witness (बाल साक्षी)

 Definition: A minor who provides testimony, provided they possess sufficient

intelligence and understanding.

 Relevant Section: Section 124 – Courts assess whether a child is capable of

comprehending and answering questions rationally.

5. Expert Witness (विशेषज्ञ साक्षी)

 Definition: A person with specialized knowledge who assists the court in

understanding technical matters.

 Relevant Sections:

o Section 39 – Recognizes expert opinion as relevant.

o Section 45 – Covers expert opinions on foreign law, science, art, handwriting,

and fingerprints.

6. Accomplice Witness (सह-अपराधी साक्षी)

 Definition: A person involved in a crime who testifies against other accused persons.

 Relevant Section: Section 133 – An accomplice is a competent witness, and their

testimony alone can be the basis for conviction.

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023, ensures that different types of witnesses can
present evidence effectively, aiding in the fair administration of justice. Witnesses play a
fundamental role in shaping the outcome of cases, and the law provides specific provisions
to regulate their credibility and admissibility.

Understanding the categories of witnesses and their legal backing helps in ensuring a fair
trial and preventing the misuse of witness testimony in judicial proceedings

Introduction: What is Examination of Witnesses?

The examination of witnesses is a fundamental process in judicial proceedings that ensures
the presentation of reliable and relevant evidence before the court. It involves questioning
witnesses to establish facts, verify credibility, and assist in the administration of justice. The
Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) outlines specific provisions regulating the
examination of witnesses to maintain fairness and efficiency in trials.

The process of examining witnesses is conducted through different stages, each serving a
distinct purpose in extracting the truth and assessing the veracity of statements.

Synopsis

This document discusses the process of examination of witnesses under Bharatiya Sakshya
Adhiniyam, 2023, highlighting its different stages along with relevant legal provisions:

1. Order of Production and Examination of Witnesses – Section 140

2. Judge to Decide as to Admissibility of Evidence – Section 141

3. Examination of Witnesses – Section 142

4. Order of Examinations – Section 143

5. Cross-Examination of Person Called to Produce a Document – Section 144

6. Witnesses to Character – Section 145

7. Leading Questions – Section 146

8. Evidence as to Matters in Writing – Section 147

9. Cross-Examination as to Previous Statements in Writing – Section 148

10. Questions Lawful in Cross-Examination – Section 149

Each stage is discussed below with its legal definition and importance in a trial.

Stages of Examination of Witnesses and Relevant Sections

1. Order of Production and Examination of Witnesses

 Definition: Establishes the sequence in which witnesses are presented and examined
during a trial.

 Relevant Section: Section 140 – Specifies the order of production and examination of
witnesses.

2. Judge to Decide as to Admissibility of Evidence

  Definition: Empowers the judge to determine whether the evidence presented is
admissible in court.

 Relevant Section: Section 141 – The judge decides on the admissibility of evidence.

3. Examination of Witnesses

 Definition: Outlines the process of questioning witnesses, including examination-in-

chief, cross-examination, and re-examination.

 Relevant Section: Section 142 – Details the examination process of witnesses.

4. Order of Examinations

 Definition: Specifies the sequence in which examinations are to be conducted.

 Relevant Section: Section 143 – Defines the order of examinations.

5. Cross-Examination of Person Called to Produce a Document

 Definition: Allows for the cross-examination of individuals summoned to produce

documents.

 Relevant Section: Section 144 – Pertains to the cross-examination of persons called

to produce a document.

6. Witnesses to Character

 Definition: Relates to witnesses who testify about the character of a person involved
in the proceedings.

 Relevant Section: Section 145 – Addresses witnesses to character.

7. Leading Questions

 Definition: Questions that suggest an answer and are generally not allowed in
examination-in-chief but may be permitted in cross-examination.

 Relevant Section: Section 146 – Governs the use of leading questions.

8. Evidence as to Matters in Writing

 Definition: Concerns the admissibility and examination of written documents as

evidence.

 Relevant Section: Section 147 – Pertains to evidence regarding matters in writing.

9. Cross-Examination as to Previous Statements in Writing

 Definition: Allows cross-examination of a witness concerning their prior written

statements.
  Relevant Section: Section 148 – Deals with cross-examination related to previous
written statements.

10. Questions Lawful in Cross-Examination

 Definition: Specifies the types of questions that are legally permissible during cross-
examination.

 Relevant Section: Section 149 – Outlines lawful questions in cross-examination.

Conclusion

The examination of witnesses is a structured process that ensures a fair trial and helps the
court arrive at the truth. The Bharatiya Sakshya Adhiniyam, 2023, lays down clear guidelines
for each stage of examination, ensuring the credibility of testimony and protecting the rights
of both parties. Understanding these provisions helps legal practitioners, judges, and
litigants in effectively presenting and challenging evidence in court.

i) Short Notes on Electronic or Digital Records under Bharatiya Sakshya

Adhiniyam, 2023

Electronic or digital records are any information stored, transmitted, or processed in digital
form. The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) covers electronic evidence under
Sections 2(1)(t) and 61 to 66, which provide legal recognition and rules for admissibility in
courts.

Electronic records include emails, mobile messages, CCTV footage, digital contracts, call
recordings, social media posts, online banking transactions, and cloud-stored documents.
These records are widely used in legal cases, especially in cybercrime, financial fraud, and
communication-based disputes.

For electronic records to be accepted as evidence, they must be properly authenticated and
certified. Courts ensure their accuracy by checking digital signatures, timestamps, metadata,
and certification from relevant authorities. Government-issued digital documents, such as e-
gazettes and online notifications, are presumed to be authentic unless proven otherwise.

Example:

In a cyber fraud case, bank transaction records and emails between the accused and the
victim can be presented as electronic evidence. If these records are verified and certified,
they can be used in court to prove financial misconduct.

Important Case Law:

Anvar P.V. v. P.K. Basheer (2014) – The Supreme Court ruled that electronic records must
comply with specific authentication rules to be admissible as evidence. This case reinforced
the need for certification and proper verification of digital evidence in courts.

These provisions ensure that electronic records are reliable and legally valid, preventing
misuse and enhancing the role of digital evidence in modern legal proceedings.

ii. Short Notes on Public and Private Documents under Bharatiya Sakshya Adhiniyam,
2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) classifies documents into two
categories: Public Documents and Private Documents under Sections 74 to 78. This
classification determines their admissibility and evidentiary value in legal proceedings.

Public Documents

Public documents are records created or maintained by government authorities or public

officials in the course of their duties. These documents are presumed to be authentic and
are easily admissible in court without requiring further proof.

Examples:

 Birth and death certificates

 Government orders and notifications

 Court records and judgments

 Land revenue records

 Registered sale deeds and agreements

Since public documents are issued by official authorities, they can be proved by certified
copies, and their authenticity is presumed unless challenged with valid proof.

Private Documents

Private documents are those created by individuals or entities for personal or business
purposes. These documents do not have any presumption of authenticity and must be
proved through witnesses or supporting evidence.

Examples:

 Personal letters and emails

 Business contracts and agreements

 Sale deeds and wills (if unregistered)

 Handwritten notes and private records

Unlike public documents, private documents require proper verification, such as the
signature of the executing party or witness testimony, to be accepted as evidence.

Important Case Law:

Madhu Sudan Das v. Smt. Narayani Bai (1983) – The Supreme Court ruled that private
documents need to be proved as per the rules of evidence, whereas public documents carry
a presumption of authenticity unless contested.

This classification ensures clarity in handling legal documents and helps courts determine
their reliability and evidentiary weight in judicial proceedings.

iii. Short Notes on Opinion of Experts under Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) addresses the admissibility of expert
opinions in legal proceedings under Section 39. This section outlines the relevance of expert
testimony in assisting courts to form opinions on matters requiring specialized knowledge.

Key Provisions:

1. Section 39(1): General Expert Opinions

o When the court needs to form an opinion on subjects such as foreign law,
science, art, handwriting, or fingerprint identification, the opinions of
individuals with specialized skills in these areas are considered relevant.
These individuals are referred to as experts.kanoongpt.in+1juscorpus.com+1

2. Section 39(2): Examiner of Electronic Evidence

o In cases involving information transmitted or stored in digital form, the

opinion of the Examiner of Electronic Evidence, as referenced in Section 79A
of the Information Technology Act, 2000, is deemed relevant. This provision
ensures that expert analysis of electronic data is admissible in court
proceedings. mha.gov.in+1kanoongpt.in+1

Explanation:

Expert opinions are crucial in legal cases that involve technical or specialized subjects
beyond the common knowledge of judges and juries. Experts provide insights that help the
court understand complex evidence and make informed decisions.

Examples of Expert Testimony:

 Handwriting Analysis: An expert compares a disputed signature with known samples

to determine authenticity.

 Medical Expertise: A forensic pathologist provides an opinion on the cause of death

in a homicide investigation.
  Digital Forensics: An Examiner of Electronic Evidence analyzes metadata to verify the
integrity of electronic documents.police.tripura.gov.in+3kanoongpt.in+3mha.gov.in+3

Important Case Law:

State of Maharashtra v. Damu Gopinath Shinde (2000): The Supreme Court emphasized the
significance of DNA evidence and expert testimony in criminal trials, highlighting the
necessity for scientific findings to be meticulously examined before acceptance.

By incorporating expert opinions, the BSA, 2023 ensures that courts have access to
specialized knowledge essential for resolving complex legal issues, thereby enhancing the
accuracy and fairness of judicial proceedings.

IV. Short Notes on Estoppel under Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) addresses the doctrine of estoppel in
Chapter VIII, encompassing Sections 121 to 123. Estoppel prevents a person from
contradicting statements or facts they have previously asserted, especially when such
assertions have influenced others' actions.

Section 121: General Principle of Estoppel

This section establishes that if a person, through their declarations, actions, or omissions,
intentionally leads another to believe in a particular state of affairs and induces them to act
upon that belief, neither the person nor their representative can later deny the truth of that
state of affairs in any legal proceeding between them.

Illustration:

If Person A sells a property to Person B, asserting that they have full ownership, and Person
B purchases it based on that assertion, Person A cannot later claim they lacked ownership at
the time of sale to invalidate the transaction.

Section 122: Estoppel of Tenant and Licensee

This provision specifies that a tenant cannot, during the tenancy or afterward, deny that
their landlord had title to the property at the commencement of the tenancy. Similarly, a
person who enters a property with the permission of the possessor cannot deny the
possessor's title at the time the permission was granted.

Illustration:

If Tenant A rents a property from Landlord B, Tenant A cannot later dispute that Landlord B
had rightful ownership when the tenancy began.

Section 123: Estoppel of Acceptor of Bill of Exchange, Bailee, or Licensee

This section outlines that:

 An acceptor of a bill of exchange cannot deny the drawer's authority to draw or

endorse the bill.

 A bailee or licensee cannot dispute the bailor's or licensor's title to the goods or
property at the time of bailment or granting of the license.

Illustration:

If Person A accepts a bill of exchange drawn by Person B, Person A cannot later contest
Person B's authority to draw the bill.

Objective of Estoppel

The doctrine of estoppel aims to uphold honesty and good faith in legal relationships,
preventing individuals from reneging on their previous assertions or conduct to the
detriment of others who relied upon them.

Important Case Law

Pickard v. Sears (1837): This foundational case established that if a person, by their words or
conduct, willfully causes another to believe in a certain state of things and induces them to
act on that belief, they are precluded from asserting a different state of things afterward.

2) Statements Forming Part of a Conversation, Document, Electronic Record, Book, or

Series of Letters or Papers Under Bharatiya Sakshya Adhiniyam, 2023

Introduction

In judicial proceedings, statements made by a person often form part of a larger body of
communication or documentation. A single statement may be part of a conversation, an
entry in a book, a paragraph in a document, a section of an electronic record, or a letter in a
series of correspondence. The Bharatiya Sakshya Adhiniyam, 2023, particularly Section 33,
provides a framework for admitting such statements as evidence.

This provision ensures that evidence is not presented in isolation but in the proper context,
helping the court determine the true meaning and implications of a statement. The law
recognizes that statements cannot always be interpreted independently; they may need to
be viewed in relation to the surrounding text or conversation to ascertain their full legal
effect.

Synopsis

This document explains when and how statements forming part of a conversation,
document, electronic record, book, or series of letters or papers are admitted as evidence
under the Bharatiya Sakshya Adhiniyam, 2023. It covers the following aspects:

1. Legal Provision: Section 33 of BSA, 2023

2. Key Considerations for Admissibility

3. Judicial Discretion in Evaluating Context

4. Application in Different Types of Evidence

5. Practical Examples for Better Understanding

6. Relevant Case Law

Each of these aspects is discussed below to provide a comprehensive understanding of the

concept.

Legal Provision: Section 33 of Bharatiya Sakshya Adhiniyam, 2023

Section 33 of the Bharatiya Sakshya Adhiniyam, 2023, deals with the admissibility of
statements forming part of a larger communication or document. It ensures that:

 When a statement is part of a conversation, document, electronic record, book, or

series of letters or papers, only those parts that are necessary for understanding its
meaning and relevance are considered as evidence.

 The court has discretion to decide which portions of the statement or associated
communication should be admitted.

 This provision prevents misinterpretation by ensuring that a statement is not taken

out of context.
Key Considerations for Admissibility

For a statement forming part of a conversation, document, electronic record, book, or series
of letters to be admissible in court, the following considerations are important:

1. Relevance: The statement must have direct bearing on the facts of the case.

2. Contextual Integrity: The statement must be read along with surrounding text to
avoid misleading interpretations.

3. Judicial Discretion: The court determines what portion of the communication should
be taken as evidence.

4. Avoiding Prejudicial Evidence: Any unrelated, prejudicial, or unnecessary part of a

document or conversation may be excluded to ensure fairness.

Judicial Discretion in Evaluating Context

The court plays a crucial role in ensuring that only the relevant portions of a conversation or
document are considered as evidence. Some guiding principles include:

 Ensuring Completeness: Statements should not be presented in a manner that

distorts their actual meaning.

 Eliminating Bias: Courts exclude parts of statements that may unfairly prejudice one
party.

 Understanding Intent: The context helps in determining whether a statement was

made seriously, jokingly, under duress, or in good faith.

For example, if an accused person makes a statement in a recorded phone call, but only a
single sentence is presented in court, the judge may require the full conversation to
determine its actual meaning.

Application in Different Types of Evidence

1. Conversations and Oral Statements

When a witness testifies about a verbal conversation, only the parts relevant to the case
should be recorded. If the opposing party believes the statement is taken out of context,
they may request the entire conversation to be included.

Example: A suspect in a fraud case says, "I took the money". If this is taken in isolation, it
suggests guilt. However, if the full conversation is presented—"I took the money from the
counter to give it to the owner", it completely changes the interpretation.

2. Written Documents and Books

Documents such as contracts, legal notices, or personal letters often contain multiple clauses
or sentences. Only the part relevant to the dispute is admitted as evidence.

Example: In a business dispute, a contract clause stating, "The supplier shall provide goods
within 30 days", may be presented as evidence. However, the full contract might specify
exceptions that could alter the interpretation.

3. Electronic Records

With the increasing use of digital evidence, courts frequently deal with emails, text
messages, call recordings, and social media posts. When admitting electronic records, only
relevant sections are presented, ensuring a fair understanding of the conversation.

Example: A WhatsApp chat is presented in a defamation case. A single message "I will
destroy you!" may appear threatening. However, if it is part of a joke between friends, it may
not be legally significant.

4. Series of Letters and Correspondence

When multiple letters or emails are exchanged over time, the court must consider the entire
sequence to understand the intent and meaning of the statements.

Example: If a landlord sends multiple letters to a tenant regarding rent payments, a single
letter stating "You must vacate" may seem like an eviction notice. However, if earlier letters
discuss negotiation options, the statement may not be legally enforceable.

Practical Example

Case: A businessman is accused of fraud based on an email stating: "The money has been
transferred. Let’s keep this between us."

 If taken in isolation, this suggests an illegal transaction.

 However, the full email chain may show that the transaction was legitimate, part of a
contractual agreement, or a simple confidential business deal.

Under Section 33 of Bharatiya Sakshya Adhiniyam, 2023, the court would require the entire
email chain to be presented rather than just a single excerpt to ensure fairness.

Relevant Case Law

One important case highlighting the significance of context in evidence is:

Case: Queen v. Abdullah (1885)

 In this case, the accused made a statement that seemed like a confession.
  However, when the full conversation was examined, it became clear that the
statement was hypothetical rather than an admission of guilt.

 The court ruled that partial statements should never be admitted without
considering the entire conversation.

This judgment reinforces the principle that statements should not be taken out of context,
aligning with the Bharatiya Sakshya Adhiniyam, 2023, which mandates courts to admit only
those parts of a document or conversation necessary for proper understanding.

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023, under Section 33, ensures that statements forming
part of a larger conversation, document, electronic record, book, or series of letters are
examined in context. This provision prevents misinterpretation and unfair presentation of
evidence, ensuring that courts consider statements in their entirety before drawing
conclusions.

By applying judicial discretion, ensuring fairness, and maintaining contextual integrity, this
legal provision upholds the principles of justice, preventing misleading interpretations and
wrongful convictions.

Thus, when a statement forms part of a larger body of communication, it must be examined
as a whole to ensure accuracy, fairness, and proper legal interpretation.

3) Relevancy of Facts under Bharatiya Sakshya Adhiniyam, 2023

Introduction

In legal proceedings, the determination of whether a fact is admissible as evidence depends

on its relevancy to the case. The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) provides a
structured approach to assessing relevancy, ensuring that only facts that contribute to
establishing the truth are considered.

Certain facts, though not directly proving a crime or dispute, may be connected to the
principal issue in a manner that aids the court in drawing logical inferences. Among such
facts, motive, preparation, and previous or subsequent conduct play a crucial role in
understanding the actions and intent of the parties involved.
Synopsis

This document explains the concept of relevancy of facts under the Bharatiya Sakshya
Adhiniyam, 2023, focusing on:

1. Definition and Meaning of Relevancy

2. Motive (प्रेरणा) – Why a person commits an act

3. Preparation (तैयारी) – Steps taken before committing an act

4. Previous and Subsequent Conduct (पूर्व और पश्चात आचरण) – Behavior before

or after an act

5. Examples to Illustrate Each Concept

6. Case Law Supporting Relevancy

Each of these aspects is discussed below in detail.

1. Definition and Meaning of Relevancy

As per BSA, 2023, a fact is relevant if it is connected to the fact in issue in such a way that it
helps the court arrive at a logical conclusion.

A relevant fact may:

 Establish the existence or non-existence of a fact in issue.

 Prove intent, knowledge, motive, preparation, or conduct related to the case.

 Support or contradict other evidence.

Thus, the concept of motive, preparation, and conduct falls within this category, as they
help establish the intent and behavior of a person before or after an event, aiding in proving
or disproving allegations.

2. Motive (प्रेरणा) – Why a Person Commits an Act

Meaning:

Motive refers to the reason why a person commits an act. While motive itself is not proof of
a crime, it strengthens circumstantial evidence by explaining why a person would engage in
a particular action.

Legal Relevance:
  A strong motive makes a person's actions more believable.

 A lack of motive may weaken the case unless other strong evidence is present.

 Motive can be inferred from circumstances (it does not always require direct proof).

Example:

 In a murder case, if the accused had a dispute with the victim over money, this
dispute serves as a motive for committing the crime.

 In a theft case, financial distress could be a motive.

Case Law:

 State of Maharashtra v. Damu (2000) – The Supreme Court held that motive is not
always necessary to prove a crime, but when established, it strengthens the case.

3. Preparation (तैयारी) – Steps Taken Before Committing an Act

Meaning:

Preparation includes any act done in advance that shows a person's plan to commit an
offense. It helps establish premeditation and intent.

Legal Relevance:

 Preparation helps connect an accused person to a crime.

 It proves that the act was not accidental but intentional.

 However, preparation alone is not punishable unless the act is attempted or

completed.

Example:

 Purchasing poison before administering it to someone shows preparation for

murder.

 Buying a weapon and keeping it hidden before an attack indicates premeditated

violence.

Case Law:

 Kashi Nath v. State of Bihar (2002) – The court ruled that the act of purchasing a
weapon and making a plan proved premeditation, making the offense more
serious.

4. Previous and Subsequent Conduct (पूर्व और पश्चात आचरण)

Meaning:

Conduct refers to a person's behavior before or after an event, which may help in
understanding their involvement or intent in a case.

 Previous Conduct: Actions before the incident that show intention, planning, or
state of mind.

 Subsequent Conduct: Behavior after an incident that may indicate guilt,

consciousness of wrongdoing, or innocence.

Legal Relevance:

 Conduct can be used as circumstantial evidence.

 Suspicious behavior after a crime (such as absconding) may indicate guilt.

 Calm and normal behavior after an event may suggest innocence.

Example:

 Previous Conduct: A person threatening to kill someone days before their murder
could indicate intent.

 Subsequent Conduct: If a suspect runs away after a crime, it suggests guilt.

 Conversely, if a suspect surrenders voluntarily, it may indicate innocence.

Case Law:

 Nagaraj v. State of Tamil Nadu (2015) – The court held that an accused person's act
of absconding after the crime was a relevant fact, supporting the prosecution's
case.

5. Practical Example to Illustrate All Concepts

Consider a case where a businessman, A, is accused of murdering his rival, B.

 Motive: A and B had a history of business rivalry, and A wanted to eliminate

competition.

 Preparation: A purchased an illegal firearm a week before B’s murder.

 Previous Conduct: A had threatened B multiple times.

 Subsequent Conduct: A tried to destroy evidence by burning his clothes and fled the
city.

Each of these elements—motive, preparation, and conduct—strengthens the case against A

by establishing his intent, planning, and actions before and after the crime.
Conclusion

The relevancy of facts under Bharatiya Sakshya Adhiniyam, 2023 ensures that only facts
logically connected to the issue are considered in court. Among these, motive, preparation,
and conduct are crucial in proving intent and premeditation in both civil and criminal cases.

While motive explains why a person commits an act, preparation shows how they planned
it, and conduct before or after the event provides circumstantial evidence of their
involvement. Together, these factors help courts make logical inferences and deliver fair
judgments.

Admissions and Oral Admissions as to Contents of Documents Under Bharatiya Sakshya

Adhiniyam, 2023

Introduction

In legal proceedings, admissions play a crucial role as they serve as statements by a party
acknowledging certain facts, which may be used against them as evidence. The Bharatiya
Sakshya Adhiniyam, 2023 (BSA, 2023) lays down specific provisions governing admissions,
including when and how they can be considered relevant in a case. One important aspect of
admissions is whether oral admissions regarding the contents of documents are admissible,
as documentary evidence generally holds greater reliability than oral statements.

Synopsis

This document explains:

1. What are admissions? – Legal definition and purpose.

2. Relevancy of admissions – When admissions can be used as evidence.

3. Oral admissions as to contents of documents – When they are admissible despite

the general preference for documentary proof.

4. Important sections of Bharatiya Sakshya Adhiniyam, 2023 relevant to admissions.

5. Example to illustrate the concept.

What Are Admissions?

An admission is a voluntary acknowledgment of a fact by a party to the proceeding. It can be
made in different forms, such as spoken words, written statements, or even conduct.
Admissions are generally considered strong evidence because they come from the person
against whom they are being used.

Under BSA, 2023, admissions are relevant because:

 They reduce the number of disputed facts in a case.

 They can be used against the party making them.

 They help in establishing the truth of a matter.

Important Sections Related to Admissions

  Section 17 – Defines admission as a statement made by a party or a person

connected to the case, which suggests an inference about a relevant fact or fact in
issue.

  Section 18 – Specifies who can make admissions, including parties to the

proceeding, their agents, or any person with authority over the subject matter.

  Section 21 – States that admissions are relevant only against the person who
makes them and cannot be used in their favor, except under certain conditions
(e.g., when they form part of res gestae).

  Section 22 – States that oral admissions about the contents of a document are
generally not relevant unless the document is lost, destroyed, or withheld by the
party in possession..

4. When Oral Admissions as to Contents of Documents Are Relevant?

As a general rule, oral admissions regarding the contents of documents are not considered
relevant because documents themselves are the best evidence of their contents. However,
Section 22 of BSA, 2023 provides exceptions to this rule, stating that oral admissions
regarding documents become relevant in the following cases:

1. When the Original Document is Lost or Destroyed

o If the document is lost and cannot be produced in court, oral admissions

about its contents may be allowed.

o Example: If a party loses a contract and can prove its loss, they may present
oral evidence about its terms.

2. When the Party in Possession of the Document Refuses to Produce It

 o If a person who holds the document refuses to produce it despite a legal
request, oral admissions regarding its contents can be considered.

o Example: A landlord refuses to produce a rental agreement, and the tenant

provides oral evidence of its terms.

3. When the Document is of a Nature That Makes Oral Evidence Necessary

o If the document is in a language or form that requires explanation, oral

admissions can be relevant to clarify its meaning.

o Example: An old legal deed written in archaic language may require oral
interpretation from experts.

Example to Illustrate the Concept

Imagine a case where A and B enter into a contract. The contract states that A will sell a
piece of land to B for ₹10 lakhs. Later, B claims in court that A had agreed to sell the land for
₹8 lakhs instead.

 If the written contract is available, the court will rely on it rather than on any oral
claims made by B.

 However, if the contract is lost or deliberately withheld by A, B may present oral

admissions made by A about the contract's contents.

 If it is proven that A admitted to selling the land for ₹8 lakhs in conversations with
witnesses, such oral admissions may become relevant under Section 22 of BSA,
2023.

Conclusion

The Bharatiya Sakshya Adhiniyam, 2023, provides clear rules regarding admissions to
ensure fairness in trials. Generally, documentary evidence is given priority over oral
statements, but oral admissions about documents may be considered relevant in specific
cases such as loss, destruction, or deliberate withholding of a document. This ensures that
parties cannot manipulate evidence by merely refusing to produce documents. Thus,
admissions, particularly oral admissions about documents, serve as an essential tool in
ensuring justice and truthfulness in legal proceedings.

5. Who is witness and statement by production who call us witness

Introduction

A witness is a person who provides testimony in a judicial proceeding based on their

knowledge, observation, or expertise. Witnesses play a crucial role in presenting facts,
verifying evidence, and assisting the court in determining the truth. The Bharatiya Sakshya
Adhiniyam, 2023 (BSA, 2023) governs the examination, credibility, and statements made by
witnesses.

One important aspect covered under BSA, 2023, is the treatment of a person who produces
a document as evidence—whether they automatically become a witness and whether their
statements hold evidentiary value.

Synopsis

This document explains:

1. Who is a witness? – Legal definition and role.

2. Statement by a person who produces a document – Whether they become a

witness and the legal provisions governing their statements.

3. Important sections of Bharatiya Sakshya Adhiniyam, 2023.

4. Example to illustrate the concept.

Who is a Witness?

A witness is any individual who provides oral or documentary evidence in a court of law.
Witnesses may be classified into different types, such as:

 Eyewitness – A person who directly observed an event.

 Expert witness – A specialist (e.g., forensic expert, doctor) who gives opinions based
on expertise.

 Hostile witness – A witness who turns against the party that called them.

 Character witness – A person who testifies about another person's reputation or

behavior.

Witnesses must testify truthfully and can be examined through examination-in-chief, cross-
examination, and re-examination under the rules of evidence.

Important Sections Related to Witnesses in BSA, 2023

 Section 126 – Competency of witnesses.

 Section 136-138 – Examination of witnesses.

  Section 140 – Witness credibility.

 Section 157 – Hostile witnesses.

Statement by a Person Who Produces a Document

A person who produces a document in court does not automatically become a witness.
However, if they make a statement regarding the document, their statement may be subject
to examination.

Relevant Provisions Under BSA, 2023

 Section 159 – A person merely producing a document is not considered a witness

unless they provide a statement regarding the document.

 Section 160 – If a person producing a document makes a statement about its

content, source, or authenticity, they may be examined as a witness.

This distinction is important because merely handing over a document does not subject the
person to cross-examination. However, if they explain or affirm details related to the
document, they become liable for examination as a witness.

Example to Illustrate the Concept

Imagine A is summoned to court to produce a contract agreement between X and Y.

 If A only submits the document without making any statement, A is not considered
a witness.

 If A states that the contract was signed in their presence, A becomes a witness and
may be cross-examined regarding the document's authenticity and execution.

This rule ensures that individuals cannot be forced into witness roles simply by presenting
documents unless they voluntarily make statements about them.

Conclusion

Under Bharatiya Sakshya Adhiniyam, 2023, a witness is someone who provides testimony
based on knowledge, observation, or expertise. A person who produces a document in
court does not automatically become a witness unless they make a statement regarding its
content, source, or authenticity. This principle ensures fairness and prevents unnecessary
cross-examinations unless the person voluntarily provides statements that require scrutiny.
6) Relevance and Effect of Judgments, Orders, or Decrees Other Than Those
Mentioned in Section 35 Under Bharatiya Sakshya Adhiniyam, 2023

Introduction

Judgments, orders, and decrees play a crucial role in judicial proceedings, primarily when
they serve as precedents or evidence in subsequent cases. While Section 35 of Bharatiya
Sakshya Adhiniyam, 2023 (BSA, 2023) deals with the relevancy of judgments in matters of
public nature, other judgments, orders, and decrees may also be relevant in specific
circumstances.

This discussion focuses on when and how judgments, orders, or decrees (excluding those
under Section 35) can be relevant in legal proceedings and their effect on subsequent
cases.

Synopsis

This document explains:

1. When judgments, orders, or decrees are relevant – General principle and

exceptions.

2. Effect of such judgments in subsequent cases – Binding or persuasive nature.

3. Important sections of Bharatiya Sakshya Adhiniyam, 2023 related to this topic.

4. Examples to illustrate the concept.

Relevance of Judgments, Orders, or Decrees in Other Cases

Under BSA, 2023, judgments, orders, or decrees that do not fall under Section 35
(judgments on public matters) may still be relevant in certain circumstances.

1. Judgments as Admissions (Section 36)

A judgment can be relevant as an admission when a party in a case has previously admitted
to certain facts in a prior judicial proceeding. Such an admission may be used against them
in the current case.

2. Judgments Relating to Matters of Private Rights (Section 37)

If a judgment determines private rights between individuals (e.g., ownership of property,

contract disputes), it may be relevant in subsequent proceedings to establish facts but is not
conclusive proof for third parties.
3. Judgments Affecting Third Parties (Section 38)

A judgment is generally not binding on a person who was not a party to the case. However,
it may be relevant if it affects their interests or if they were indirectly involved in the matter.

4. Previous Convictions as Relevant Facts (Section 39)

A previous conviction in a criminal case may be relevant in a subsequent trial to establish a

pattern of behavior or determine credibility, especially in cases of repeated offenses.

5. Judgments in Defamation, Fraud, or Collusion Cases (Section 40)

If a previous judgment was obtained through fraud or collusion, it may be challenged and
deemed irrelevant. A party can present evidence to prove that the earlier decision was
manipulated or based on false premises.

Effect of Such Judgments in Subsequent Cases

 Binding Effect – A judgment is binding only on the parties involved in the original
case. If a private dispute is settled through a court order, it does not automatically
apply to unrelated cases.

 Persuasive Value – In some cases, prior judgments may be cited as persuasive

precedents, even if they are not binding. Courts may consider previous rulings while
deciding new cases with similar facts.

 Exceptions to Relevance – If a judgment is based on fraud, misrepresentation, or has

been overturned by a higher court, it loses its evidentiary value in subsequent
proceedings.

Example to Illustrate the Concept

Case 1: Property Dispute and Private Rights (Section 37)

 A vs. B – A court ruled that B is the legal owner of a disputed land.

 Later, C sues B over the same property.

 The previous judgment may be relevant to establish ownership but is not binding on
C, who was not a party to the original case.

Case 2: Criminal Conviction as a Relevant Fact (Section 39)

 A person convicted of fraud in one case may have this conviction used as relevant
evidence in a subsequent trial for a similar offense.
  However, the new court must independently assess evidence and cannot rely solely
on the past conviction.

Conclusion

Under Bharatiya Sakshya Adhiniyam, 2023, judgments, orders, or decrees other than those
under Section 35 can be relevant in specific circumstances. Their relevance depends on
whether they serve as admissions, establish private rights, or affect third parties. While
some judgments may be binding on the parties involved, others only have persuasive value
in subsequent cases. These provisions ensure that past judicial decisions are used fairly and
appropriately in legal proceedings.

7) Opinion and Who Can Give Opinion Under Bharatiya Sakshya Adhiniyam, 2023

Introduction

In judicial proceedings, opinions are generally not considered evidence unless they come
from specific individuals qualified to provide expert assessments on matters requiring
specialized knowledge. The Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023) provides clear
guidelines on when opinions are admissible and who is qualified to give such opinions.

The law primarily allows expert witnesses, such as forensic experts, handwriting analysts,
medical professionals, and technical specialists, to offer opinions in court when such
expertise is required to assist the judge in understanding complex issues.

Synopsis

This document explains:

1. What is opinion as evidence? – Definition and general rule.

2. Who can give an opinion? – Categories of individuals allowed to provide opinion-

based evidence.

3. Important sections of Bharatiya Sakshya Adhiniyam, 2023.

4. Example to illustrate the concept.

What is Opinion as Evidence?

An opinion is a belief, inference, or assessment made by an individual. Under BSA, 2023,
opinion-based evidence is generally not admissible unless it falls under specific exceptions,
primarily for expert opinions.

The rationale behind restricting opinion-based evidence is that courts rely on facts, not
subjective views. However, when a case involves technical, scientific, or specialized
knowledge, the opinion of an expert becomes relevant to assist the court.

Important Sections Related to Opinion in BSA, 2023

 Section 45 – Opinion of experts on matters requiring specialized knowledge.

 Section 46 – Relevance of opinions on foreign law, science, art, handwriting, and

finger impressions.

 Section 47 – Opinion on handwriting when relevant.

 Section 48 – Opinion on digital signatures and electronic records.

 Section 49 – Opinion on relationships when relevant.

Who Can Give an Opinion?

Under BSA, 2023, the following individuals are considered competent to provide opinion-
based evidence:

1. Experts (Section 45 & 46)

Persons with specialized knowledge, skill, or experience in a particular field can provide
opinions. Examples include:

 Medical Experts – Doctors giving opinions on injuries, cause of death, or mental

condition.

 Forensic Experts – Scientists analyzing fingerprints, blood samples, or ballistic

reports.

 Handwriting Experts – Professionals verifying signatures or forged documents.

 Digital Forensic Experts – Specialists determining authenticity of electronic evidence.

2. Handwriting Experts (Section 47)

A person familiar with an individual’s handwriting (such as a clerk, employer, or colleague)

can provide an opinion on the authenticity of a signature or document.

3. Digital Signature & Electronic Evidence Experts (Section 48)

Experts who handle cybersecurity and digital forensic analysis can give opinions on whether
a digital signature or electronic record is authentic.
4. People Familiar with a Person’s Relationships (Section 49)

In cases related to inheritance, marriage, or familial ties, individuals who have direct
knowledge of a relationship may provide their opinion about it.

Example to Illustrate the Concept

Imagine a case where a forged will is presented in court.

 A handwriting expert can compare the signature on the will with genuine signatures
of the deceased and provide an opinion on whether it was forged (Section 47).

 A forensic document examiner can analyze ink and paper to determine if the
document was altered (Section 45).

 A digital forensic expert can verify if an electronic will was tampered with or
fraudulently signed using a digital signature (Section 48).

These expert opinions will help the court assess the authenticity of the evidence.

Conclusion

Under Bharatiya Sakshya Adhiniyam, 2023, opinions are generally not admissible unless
they come from qualified individuals with specialized knowledge. The law allows expert
witnesses to provide opinions in areas like medicine, forensics, handwriting, digital
evidence, and family relationships. These provisions ensure that courts receive reliable and
scientifically backed assessments to aid in delivering justice.