Law and You >Procedural Laws > Bharatiya Sakshya Adhiniyam, 2023 > Part I > Concept Applications: Applicability of BSA

These are FAqs which are generally asked on the applicability of BSA (The Bharatiya Sakshya Adhiniyam, 2023)

Synopsis:

• The Bharatiya Sakshya Adhiniyam, 2023 is a procedural Law.
• It came into force on 1^st July 2024.
• According to Section 2(a) of the Bharatiya Sakshya Adhiniyam, 2023, “Court” includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence.

Preamble of the Act:

An Act to consolidate and to provide for general rules and principles of evidence for fair trial.

Section 1 BSA:

Short Title, Application and Commencement:

(1) This Act may be called the Bharatiya Sakshya Adhiniyam, 2023.

(2) It applies to all judicial proceedings in or before any Court, including Courts-martial, but not to affidavits presented to any Court or officer, nor to proceedings before an arbitrator.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint;

Concept Applications 1.1 (MCQs)

Select Correct Option from given

Q1. As per Preamble of the Bharatiya Sakshya Adhiniyam, 2023, the purpose of this Act is

(a) to provide, define and amend the Law of Evidence

(b) to provide and consolidate the Law of Evidence

(c) to define and amend the Law of Evidence

(d) to consolidate, define and amend the Law of Evidence

Q2. The Bharatiya Sakshya Adhiniyam, 2023 applies to

(a) the whole of India except the State of Jammu and Kashmir

(b) all judicial proceedings in or before any Court

(c) proceedings before arbitrator

(d) affidavit presented to any Court or Officer.

Q3. The Bharatiya Sakshya Adhiniyam, 2023 does not apply to

(1) proceedings before arbitrator

(2) affidavit submitted by a deponent on his own

(3) statement made by a child

(4) statement of a person whose past is criminal.

Select the correct answer from the following combinations

(a) 1 and 4

(b) 1 and 3

(c) 1 and 2

(d) 2 only

Q4. The date of enactment of the Bharatiya Sakshya Adhiniyam, 2023 is

(a) October 2, 2023

(b) January 26, 2023

(c) July 01, 2023

(d) January 1, 2023

Q5. Under the Section 1 of the Bharatiya Sakshya Adhiniyam, 2023, the proceedings which are specifically excluded from the operation of the Bharatiya Sakshya Adhiniyam, 2023 are

(a) proceedings before Industrial Tribunal

(b) proceedings before Arbitrator

(c) Proceedings before Administrative Tribunals

(d) None of the above

Q6. The Bharatiya Sakshya Adhiniyam, 2023 applies to

(a) all judicial proceedings in and before any Court

(b) affidavits presented to any Court or Officer

(c) proceedings before arbitrator

(d) all of the above

Q7. Which of the following sentence is correct?

(a) The Bharatiya Sakshya Adhiniyam, 2023 applies to affidavits

(b) The Bharatiya Sakshya Adhiniyam, 2023 applies to a proceeding whose object is to determine a jural relation between one person and another

(c) The Bharatiya Sakshya Adhiniyam, 2023 applies to arbitration procedures

(d) The Bharatiya Sakshya Adhiniyam, 2023 applies to departmental proceedings

Answers:

1.	(d)	2.	(b)	3.	(c)	4.	(c)
5.	(b)	6.	(d)	7.	(b)

Concept Applications 1.2 (2 Marks)

Answer in One or Two Sentences

Q1. What is meant by “Evidence Act is Lex Fori”?

The term “Lex Fori” is a Latin phrase that translates to “law of the forum” or “law of the court.” “Lex Fori” means the law of the country in which an action is brought. It refers to the principle that the procedural rules and laws of the jurisdiction where a legal action is being heard or adjudicated govern the proceedings of the court.

Q2. Give the scheme of Bharatiya Sakshya Adhiniyam, 2023.

There are 4 Parts, 12 Chapters and 170 Sections in the Act

Part	Chapter	Name of Chapter	Sections
Part I	Chapter I	Preliminary	Ss. 1 and 2
Part II	Chapter II	Relevancy of Facts	Ss. 3 to 50
Part III	Chapter III	Facts Which Need Not Be Proved	Ss. 51 to 53
	Chapter IV	Oral Evidence	Ss. 54 and 55
	Chapter V	Documentary Evidence	Ss. 56 to 93
	Chapter VI	Exclusion of Oral Evidence By Documentary Evidence	Ss. 94 to 103
Part IV	Chapter VII	Burden of Proof	Ss. 104 to 120
	Chapter VIII	Estoppel	Ss. 121 to 123
	Chapter IX	Witnesses	Ss. 124 to 139
	Chapter X	Examination of Witnesses	Ss. 140 to 168
	Chapter XI	Improper Admission and Rejection of Evidence	S. 169
	Chapter XII	Repeal and Savings	S. 170

Q3. Give applicability of the BSA, 2023.

According Section 1(2) of the Act,

• The Act is applicable throughout India;
• The Act is applicable to all judicial proceedings in or before Court including Courts-martial;
• The Act is not applicable to affidavits presented to any Court or officer;
• The Act is not applicable to arbitration proceedings; and
• The Act has no application to enquiries conducted by the tribunals, even though they may be judicial in character; such tribunals follow rules of natural justice.

Q4. Distinguish between civil proceedings and criminal proceedings.

Civil Proceedings	Criminal Proceedings
The doctrine of estoppel applies to civil proceedings only.	The doctrine of estoppel does not apply to criminal proceedings.
Sections 22 to 24 and incompetence of parties as witness are not applicable to civil proceedings.	Sections 22 to 24 and incompetence of parties as witness are applicable to criminal proceedings only.
There is no cardinal principle of civil justice.	The cardinal principle of criminal justice is “It is better that several guilty men should escape rather than that one innocent should suffer”. Thus guilt must be proved beyond the all reasonable doubts.
The rules of evidence may be relaxed by the consent of parties involved in the proceedings.	The rules of evidence cannot be relaxed by the consent of parties involved in the proceedings.
In civil proceedings, the burden of proof lies on petitioner and also on the defendant, and it may often shifts from one party to the another party.	In criminal proceedings the burden of proof lies on prosecution.
In the civil proceedings, it is the duty of the parties to the place their case as they think best.	In the criminal cases the obligation lies on the Court to bring all relevant evidence on the record so that justice is done.
In civil proceedings, the benefit of doubt is not given.	In criminal proceedings, the benefit of doubt is given to the accused.

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