Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Frequently Asked Questions in BSA: Set B
1) Define ‘Document’.
Ans: According to Section 2(d) of the Bharatiya Sakshya Adhiniyam, 2023, “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.
2) About what facts evidence can be given?
Ans: According to Section 3 of the Bharatiya Sakshya Adhiniyam, 2023, evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others.
3) How to impeach credit of witness?
Ans: According to Section 158 of the Bharatiya Sakshya Adhiniyam, 2023, the credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him—
(a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit;
(b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence;
(c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted.
4) What is plea of alibi?
Ans: Section 9 of the Bharatiya Sakshya Adhiniyam, 2023 recognized a defence of Pea of Alibi. The term Alibi is a Latin term which implies elsewhere or somewhere else. Alibi is used as a defence in criminal proceedings by the accused against the commission of the alleged offence. The accused makes this plea in the court so that he or she can prove his or her innocence that at the commission of the offence, he or she was in some other place. In general, plea of alibi implies that the accused was not physically present during the commission of the offence; he was elsewhere or somewhere else. Illustration (a) attached to Section 9, BSA is the example of plea of alibi.
5) Distinguish between ‘Admission’ and ‘Confession’
Ans:
| Confession | Admission |
| Confession is a statement made by an accused person acknowledging their guilt of a crime. | Admission is a statement made by a person acknowledging certain facts or circumstances. |
| It is made in a legal setting, such as in a court of law or to a law enforcement officer. | It can be made in a variety of settings, including legal, personal, or professional contexts. |
| It is often used as evidence in a criminal trial. | It may or may not be used as evidence in a legal proceeding. |
| It can be used to incriminate the person making the confession. | It may or may not incriminate the person making the admission. |
| It can be used to reduce the sentence of the person making the confession. | It is not typically used as a mitigating factor in a sentence. |
| It is made freely and voluntarily, without any coercion or inducement. | It may or may not be made freely and voluntarily. |
6) What is ‘Judgment in Personam’?
Ans: A judgment in personam or inter parties is an ordinary judgment between parties in cases of contract, tort or crime. The rights and liabilities of the parties to the suit are determined in such judgments. This judgment binds only the parties or privies to the suit. It does not bind entire world.
7) When is an opinion of expert is relevant?
Ans: An expert’s opinion is relevant in legal proceedings when the court needs to form an opinion on matters like foreign law, science, art, or the identity of handwriting or finger impressions, according to Section 39 of the Bharatiya Sakshya Adhiniyam, 2023.
8) Mention any two facts of which the Court must take Judicial Notice.
Ans: Following is the list of the facts (Section 52 BSA) of which the Court must take Judicial Notice:
(a) all laws in force in the territory of India including laws having extra-territorial operation;
(b) international treaty, agreement or convention with country or countries by India, or decisions made by India at international associations or other bodies;
(c) the course of proceeding of the Constituent Assembly of India, of Parliament of India and of the State Legislatures;
(d) the seals of all Courts and Tribunals;
(e) the seals of Courts of Admiralty and Maritime Jurisdiction, Notaries Public, and all seals which any person is authorised to use by the Constitution, or by an Act of Parliament or State Legislatures, or Regulations having the force of law in India;
(f) the accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette;
(g) the existence, title and national flag of every country or sovereign recognised by the Government of India;
(h) the divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette;
(i) the territory of India;
(j) the commencement, continuance and termination of hostilities between the Government of India and any other country or body of persons;
(k) the names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of advocates and other persons authorised by law to appear or act before it;
(l) the rule of the road on land or at sea.
9) What is a ‘Digital Signature Certificate’?
Ans: A Digital Signature Certificate (DSC) is a secure digital key, issued by a Certifying Authority (CA),that validates and certifies the identity of the person holding it, enabling the creation of legally binding digital signatures.
10) What is the presumption as to dowry death?
Ans: According to Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.
11) What are Professional Communications?
Ans: According to Section 132 of the Bharatiya Sakshya Adhiniyam, 2023, no advocate, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service.
12) When can a witness be compelled to answer?
Ans: According to Section 150 of the Bharatiya Sakshya Adhiniyam, 2023, if any such question relates to a matter relevant to the suit or proceeding, the provisions of section 137 shall apply thereto.
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