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SARKAR THE BHARATIYA SAKSHYA ADHINIYAM

From Kamal Law House
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Author :SARKAR

Publisher :Kamal Law House

SKU :KLH191

Edition :20232

Format :Paperback

HSN No :49011010

Volumes :1 & 2

Country Region :India

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Description

1. Replacement of the Indian Evidence Act, 1872

  • Updates and restructures the law of evidence for better clarity and efficiency.

  • Removes outdated provisions and includes modern evidence concepts.

2. Digital & Electronic Evidence Recognition

  • Expands the scope of electronic records as admissible evidence.

  • Includes digital documents, emails, SMS, social media posts, and cloud-stored data.

  • Strengthens authentication rules for electronic records.

3. Types of Evidence

  • Oral Evidence – Statements made before a court.

  • Documentary Evidence – Written or recorded materials, including digital records.

  • Electronic Evidence – Data stored in computers, phones, or other digital formats.

4. Admissibility of Confessions & Witness Statements

  • Establishes clear guidelines for admissibility of confessions.

  • Includes provisions for witness credibility and protection.

5. Presumptions & Burden of Proof

  • Defines rules on who must prove what in a legal dispute.

  • Introduces new presumptions for digital records and cybercrimes.

6. Relevance & Admissibility of Evidence

  • Clearer rules on what constitutes relevant and admissible evidence.

  • Removes ambiguous clauses and outdated legal jargon.

7. Forensic & Scientific Evidence

  • Strengthens the role of forensic reports and DNA evidence in trials.

  • Recognizes modern forensic techniques for better justice delivery.

8. Protection of Witnesses & Sensitive Evidence

  • Special provisions for the protection of witnesses in sensitive cases.

  • Rules for handling confidential or classified evidence.

9. Hearsay & Secondary Evidence

  • Defines when secondary evidence (e.g., copies of documents) can be admitted.

  • Clarifies the exceptions to the hearsay rule.

10. Impact on Indian Legal System

  • Brings uniformity and efficiency in court procedures.

  • Strengthens the use of technology in judicial proceedings.

  • Improves speed and transparency in trials.

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Content

1. Introduction

  • Overview & Purpose

  • Why was the Indian Evidence Act, 1872 Replaced?

  • Key Changes & Modernization

2. Scope & Applicability

  • Cases & Courts Where the Law Applies

  • Types of Evidence Covered

  • Impact on Criminal & Civil Trials

3. Types of Evidence Under the Act

  • Oral Evidence – Statements made in court

  • Documentary Evidence – Written records, contracts, letters

  • Electronic Evidence – Emails, messages, social media, digital records

  • Forensic Evidence – DNA reports, medical records, fingerprints

4. Admissibility of Electronic & Digital Evidence

  • Definition & Authentication of Digital Evidence

  • Use of Emails, SMS, Social Media Posts as Proof

  • Role of Blockchain & AI in Evidence Collection

5. Relevance & Admissibility of Evidence

  • What Makes Evidence Legally Acceptable?

  • Exclusion of Irrelevant or Prejudicial Evidence

  • New Rules for Handling Sensitive Evidence

6. Confessions & Witness Testimonies

  • Voluntary vs. Forced Confessions

  • Guidelines for Recording Statements

  • Witness Protection & Anonymity in Certain Cases

7. Burden of Proof & Presumptions

  • Who Must Prove What?

  • Legal Presumptions in Cybercrime & Digital Cases

  • Special Provisions for Cases Involving Women & Children

8. Secondary Evidence & Hearsay Rules

  • When Copies of Documents Can Be Used as Evidence

  • Exceptions to the Hearsay Rule

9. Forensic & Scientific Evidence

  • DNA Tests & Their Admissibility

  • Role of Expert Witnesses in Trials

  • Use of AI, Machine Learning & Data Analysis in Crime Investigation

10. Special Provisions for Modern Crimes

  • Cybercrime & Financial Fraud Evidence Rules

  • Fake News & Deepfake Evidence Handling

  • Handling Terrorism & National Security Cases

11. Procedural Aspects in Court

  • How Evidence is Presented in Court

  • Cross-Examination Rules & Procedures

  • Documentary & Digital Evidence in Fast-Track Courts

12. Comparison with the Indian Evidence Act, 1872

  • Major Differences & Improvements

  • Key Sections Replaced or Modified

13. Impact on Legal & Judicial System

  • How This Law Will Speed Up Trials

  • Improved Transparency & Accountability

  • Role of Technology in Modern Courtrooms

14. Recent Amendments & Future Prospects

  • Changes Since Enactment

  • Possible Future Amendments Based on Judicial Review

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Product Summary

SARKAR THE BHARATIYA SAKSHYA ADHINIYAM

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