Law of Evidence Notes for LLB Students

The Indian Evidence Act, 1872 was replaced by the Bharatiya Sakshya Adhiniyam (BSA), 2023, effective 1 July 2024. These notes cover the core doctrines, mapped to the new provisions.

Relevancy vs Admissibility

Relevancy (Sections 5-55, BSA; corresponding to Sections 6-55, Evidence Act) determines what facts a court may receive; admissibility is a narrower, more technical question of whether relevant evidence is legally receivable (e.g., not excluded by privilege or a bar on secondary evidence). All admissible evidence is relevant, but not all relevant evidence is admissible.

Confessions and Dying Declarations

Sections 22-26 of the BSA (corresponding to Sections 24-30, Evidence Act) deal with confessions: a confession caused by inducement, threat or promise from a person in authority is irrelevant (Section 22); a confession to a police officer is inadmissible (Section 23, with narrow exceptions under Section 23(2) for facts discovered in consequence of information received, mirroring old Section 27). Dying declarations (Section 26, BSA; Section 32, Evidence Act) are admissible as an exception to hearsay where the statement relates to the cause of the declarant’s death.

Burden of Proof

Sections 104-120, BSA (Sections 101-114, Evidence Act) govern burden of proof: generally, the party who asserts must prove (Section 104/101); Section 119 (Section 114, Evidence Act) permits courts to presume the existence of certain facts having regard to common course of natural events and human conduct.

Examination of Witnesses

Examination-in-chief, cross-examination and re-examination (Sections 142-146, BSA; Sections 137-140, Evidence Act) structure witness testimony; leading questions are generally disallowed in examination-in-chief but permitted in cross-examination.

Electronic and Digital Evidence

The BSA expands the definition of “document” and “evidence” to explicitly include electronic records (Section 2), and Section 63 (corresponding to old Section 65B) governs admissibility of electronic records, requiring a certificate for secondary electronic evidence per Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020).

Key exam questions to prepare

• Distinguish relevancy from admissibility of evidence.
• When is a confession to police admissible?
• Requirements for admissibility of electronic evidence after Arjun Panditrao Khotkar.

More: all LL.B. subject notes