Sarkar The Bharatiya Sakshya Adhiniyam 2023

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Volume I: Foundational Principles & Relevancy of Evidence

1. Introduction

   • Legislative Background

   • Repeal of Indian Evidence Act, 1872

   • Salient Features of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)

2. Preliminary

   • Object and Scope of the Act

   • Definitions and Key Terminology

3. Relevancy of Facts

   • Facts connected with the issue

   • Motive, preparation, conduct

   • Conspiracy and common intention

   • Admissions and confessions

   • Statements by persons who cannot be called as witnesses (e.g., dying declarations)

4. Statements under Special Circumstances

   • Entries in public records

   • Expert opinions

   • Relevancy of character

5. Judgments and Their Relevance

   • Judgments in rem and in personam

   • Judgments as bar or estoppel

6. On Proof

   • Facts to be proved and not to be proved

   • Presumptions of law and fact

   • Proving documents and facts

???? Volume II: Modes of Proof, Witness Examination & Procedural Framework

7. Oral and Documentary Evidence

   • Primary and secondary evidence

   • Public and private documents

   • Electronic and digital records

   • Presumptions related to electronic documents

8. Exclusion of Oral by Documentary Evidence

   • Conditions where oral evidence is not admissible

   • Exceptions to the rule

9. Burden of Proof

   • General principles

   • Shifting of burden

   • Burden in criminal and civil cases

10. Estoppel

    • Doctrine and applicability

    • Estoppel against statutes

11. Witnesses

    • Competency and compellability

    • Privileged communications

    • Number of witnesses required

12. Examination of Witnesses

    • Examination-in-chief, cross-examination, and re-examination

    • Leading questions

    • Hostile witnesses

13. Improper Admission and Rejection of Evidence

    • Consequences and remedies

    • Judicial discretion

14. Transition Provisions

    • Repeal of Indian Evidence Act, 1872

    • Savings and pending cases

    • Comparative analysis between old and new provisions

15. Appendices

    • Text of Bharatiya Sakshya Adhiniyam, 2023

    • Comparative tables (with the Indian Evidence Act, 1872)

    • Relevant case law references

    • Subject index