Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Frequently Asked Questions in BSA: Set A
1) What is ‘Conclusive Proof’?
Ans: According to Section 2(b)of the Bharatiya Sakshya Adhiniyam, 2023, “conclusive proof” means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it;
2) What is a distinction between Primary and Secondary Evidence?
Ans:
| Primary Evidence | Secondary Evidence |
| Primary evidence is directly generated by the event or activity in question, meaning it has a direct relationship with the fact or information in question | Secondary evidence is derived from primary evidence or other sources, meaning it is not an original source of information but rather a representation of it |
| It is original and authentic, meaning it has not been altered or tampered with in any way | It is copied or reconstructed, meaning it is not the original source of information and may have been altered or tampered with in some way |
| It is reliable and trustworthy, meaning it can be relied upon as an accurate representation of the event or activity in question | It may be less reliable or depend on the reliability of the primary source from which it was derived, meaning it may be less accurate |
| Admissible in court as evidence, meaning it can be presented in a legal proceeding as proof of a fact or information | May be used to supplement or explain primary evidence, meaning it may be used to provide additional context or understanding |
| Examples: photographs, videos, original documents | Examples: photocopies, summaries, transcriptions |
3) What do you understand by ‘Examination-in Chief’ of witness?
Ans: ccording to Section 142(1) of the Bharatiya Sakshya Adhiniyam, 2023, the examination of a witness by the party who calls him shall be called his examination-in-chief.
4) What is ‘Res Gestae’?
Ans: The term ‘Res Gestae’ has been derived from Latin words meaning “things done’’. Halsbury defines ‘Res Gestae’ as “Facts which form part of the res gestae and are consequently provable as facts relevant to the issue; include acts, declarations and incidents which themselves constitute or accompany and explain the facts or transaction in issue.
5) What is confession?
Ans: The term “Confession” has not been defined in the Sanhita. In simple words `confession’ means admission or acknowledgement of guilt by person accused of crime.
6) What is ‘Judgment in Rem’?
Ans: A judgment in rem is one pronounced upon the status of some particular person or thing and which binds all persons in the world. Thus, a judgment which binds all men, and not only the parties to the suit in which it was passed, and their privies, and that it belongs to positive law are judgments in rem. judgment in rem is against whole world.
7) When can a Court call for ‘Expert Opinion’?
Ans: According to Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, when the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Their opinion regarding the natter before the court is relevant.
8) Which Facts Need Not be Proved?
Ans: According to Section 51 of the Bharatiya Sakshya Adhiniyam, 2023, n fact of which the Court will take judicial notice need be proved.
9) What is the meaning of ‘Public Document’?
Ans: According to Section 74 of the Bharatiya Sakshya Adhiniyam, 2023, the following documents are considered public documents:
- The documents forming the acts or records of acts of sovereign authority;
- The documents forming the acts or records of acts of official bodies and tribunals;
- The documents forming the acts or records of acts of various officers like public officers, legislative, judicial officers and executive working in any part of India;
- The public records which are kept in the state of private documents also come under this category.
10) What is a conclusive proof of legitimacy of a child?
Ans: According to Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
11) Who is qualified to testify in a court of law?
Ans: According to Section 124 of the Bharatiya Sakshya Adhiniyam, 2023, all persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind.
12) Which kind of questions cannot be asked to a witness?
Ans: Leading questions cannot be asked in examination-in-chief. Similarly According to Section 154 of the the Bharatiya Sakshya Adhiniyam, 2023, questions which are apparently indecent or scandalous or which appear to be intended to insult or annoy or are offensive in form, are forbidden. Such questions may be put either to shake the credit of witness or as relating to the facts in issue.
For More Articles on the Bharatiya Sakshya Adhiniyam, 2023 Click Here