Category: Bharatiya Sakshya Adhiniyam
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Dying Declaration (S. 26(a) BSA)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Part II > Dying Declaration (S. 26(a) BSA) A dying declaration is a statement made by a person who is under the belief that their death is imminent, regarding the cause or circumstances of their death. Dying declaration is hearsay evidence. Hearsay evidence are…
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Situational Problems BSA: Set 07 (Miscellaneous)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 07 (Miscellaneous) Conspiracy Q 1. Gopal is tried for the offence of murder of Ram by beating him with iron Rod with an intention to cause his death. a) On which point evidence can be given? b) What are the…
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Situational Problems BSA: Set 06 (Witness)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 06 (Witness) Examining Witness Q 1. Birju threw acid on Asha’s face who is a 12 year old school going girl. A case was made against him. During the trial, Asha was also summoned to be examined as a witness.…
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Situational Problems BSA: Set 05 (Documentary Evidence)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 05 (Documentary Evidence) Q1. A agrees in writing to sell a horse to B for Rs. 1000 or Rs.1500. a) Whether evidence can be given to show which price was to be given? b) Give reason with provision. a) In…
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Situational Problems BSA: Set 04 (Privileged Communication)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 04 (Privileged Communication) Q 1. Sudhir’ a Govt. servant, commits misappropriation of funds for the purpose of marrying his daughter. ‘Sudhir’ communicates this to his wife ‘Wani’. Five years later, “Sudhir’ and “Wani’ got divorced. A year after his divorce,…
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Situational Problems BSA: Set 03 (Burden of Proof)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 03 (Burden of Proof) Q 1. A sues for money due on a bond the execution of bond is admitted but ‘B’ says it was obtained by fraud which ‘A’ denies. a) Whom burden of proof lies A or B?…
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Situational Problems BSA: Set 02 (Dying Declaration)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 02 (Dying Declaration) Q 1. A dying declaration of Sita has been recorded on 3-occasions as under. a. Which statement of Sita can be considered as a Dying Declaration? b. What is the evidential value of the above Dying declarations?…
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Situational Problems BSA: Set 01 (Admission and Confession)
Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Situational Problems BSA: Set 01 (Admission and Confession) Q1. Ram and Raghav are charged with the offence of murder of Gopal. During the trial Raghav made a statement before a Magistrate implicating Ram in the offence. a) Can statement of Raghav can be used…
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Frequently Asked Questions in BSA: Set B
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…
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Frequently Asked Questions in BSA: Set A
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…