ONLINE CERTIFICATE COURSE ON BHARATIYA SAKSHYA ADHINIYAM
(New Indian Evidence Law replacing the Indian Evidence Act, 1872)UNIT–I : Introduction
- Object, scope and significance of the Bharatiya Sakshya Adhiniyam, 2023
- Need for replacing the Indian Evidence Act, 1872
- Applicability and extent
- Important definitions under the Act
- Concept of “Facts” and “Relevant Facts”
UNIT–II : Relevancy of Facts
- Facts forming part of the same transaction (Res gestae)
- Facts relating to motive, preparation and conduct
- Previous and subsequent conduct
- Admissions and Confessions
- Statements by persons who cannot be called as witnesses
- Relevancy of judgments
- Opinions of experts and third persons
- Character evidence
UNIT–III : Admissions and Confessions
- Meaning and kinds of admissions
- Who can make admissions
- Evidentiary value of admissions
- Confessions
- Judicial and extra-judicial confessions
- Confessions caused by inducement, threat or promise
- Confession to police officers and while in police custody
- Confession of co-accused
UNIT–IV : Evidence – Concept and Types
- Meaning of evidence under the Act
- Oral evidence
- Documentary evidence
- Primary and secondary evidence
- Proof of documents
- Public and private documents
- Electronic and digital evidence
- Presumptions relating to electronic records
UNIT–V : Witnesses
- Who may testify
- Competency of witnesses
- Examination of witnesses
- Examination-in-chief
- Cross-examination
- Re-examination
- Leading questions
- Hostile witnesses
- Privileges of witnesses
- Judge’s power to put questions
UNIT–VI : Burden of Proof
- Meaning and nature of burden of proof
- On whom burden lies
- Presumptions of law and fact
- Estoppel
- Accomplice evidence
UNIT–VII : Presumptions and Estoppel
- Presumptions as to documents
- Presumptions as to electronic evidence
- Presumptions as to legitimacy, dowry death, suicide, etc.
- Doctrine of Estoppel
- Estoppel by record, deed and conduct
UNIT–VIII : Digital and Electronic Evidence (Special Focus)
- Recognition of electronic records as evidence
- Proof of electronic records
- Digital signatures and electronic authentication
- Admissibility of electronic evidence
- Changes introduced in Bharatiya Sakshya Adhiniyam
- Role of technology in modern evidence law
UNIT–IX : Comparison and Judicial Interpretation
- Key differences between Indian Evidence Act, 1872 and Bharatiya Sakshya Adhiniyam, 2023
- Important judicial decisions
- Evidentiary value in criminal and civil trials
- Practical relevance in modern litigation
UNIT–X : Miscellaneous Provisions
- Improper admission and rejection of evidence
- Judge’s discretion
- Effect of non-compliance
- Transitional provisions