Understanding the Admissibility and Inadmissibility of Evidence: Insights from the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam

The Indian Evidence Act, 1872 serves as the cornerstone for determining the admissibility and inadmissibility of evidence in legal proceedings in India. This Act delineates what types of evidence can be presented in court, the conditions for their admission, and the rules regarding their relevance. Recent changes introduced by the Bharatiya Sakshya Adhiniyam, 2023 have further refined these provisions, reflecting evolving legal standards.

Admissibility of Evidence

Definition and Criteria

Evidence is considered admissible when it meets specific criteria:

- Relevance: The evidence must directly relate to the facts at issue in the case. Sections 5 to 55 of the Indian Evidence Act outline what constitutes relevant facts.

- Legality: Evidence must be obtained through lawful means. For instance, confessions made under coercion are deemed inadmissible.

- Types of Evidence: The Act categorizes evidence into:

  - Oral Evidence: Testimonies provided by witnesses.

  -Documentary Evidence: This includes primary (original documents) and secondary (copies or other forms that substantiate original documents).

 Inadmissibility of Evidence

Certain types of evidence are classified as inadmissible under the Indian Evidence Act:

- Hearsay Evidence: Hearsay evidence are generally not admissible unless they meet specific exceptions.

- Irrelevant Evidence: Any evidence that does not pertain to the facts in dispute is excluded.

- Confessions Under Duress: Confessions obtained through coercion or pressure are not permissible as evidence.

 Changes Introduced by the Bharatiya Sakshya Adhiniyam, 2023

The Bharatiya Sakshya Adhiniyam, 2023, which replaces the Indian Evidence Act, introduces significant changes regarding evidence admissibility. Here are some key modifications:

 Electronic Evidence

The new law explicitly expands the definition of documents to include electronic records, streamlining their admissibility. While electronic records must still be authenticated, this change clarifies their status without unnecessary certification requirements.

 Secondary Evidence

The definition of secondary evidence has been broadened. 

 Judicial Notice

The S 52(b)  of Bharatiya Sakshya Adhiniyam includes new provisions for judicial notice that cover international treaties and agreements, thereby expanding what courts can recognize without requiring formal proof.

Conclusion

In summary, both the Indian Evidence Act and the Bharatiya Sakshya Adhiniyam share foundational principles regarding admissibility and inadmissibility of evidence. However, the latter introduces important updates that reflect technological advancements and contemporary legal standards. 

Print Page