Q1. Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, which of the following pairs is correctly matched?
- (a) Admission defined — Section 15
- (b) Burden of proof — Section 118
- (c) Electronic records — Section 67
- (d) Previous judgments — Section 39
Answer & solution
Answer: (a) Admission defined — Section 15
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 defines an admission (the old Section 17 of the Evidence Act).
The other three pairs point to the wrong sections: burden of proof is Section 104 and electronic records are Sections 61 to 63.
Previous judgments begin at Section 34 — Section 39 is the opinion of experts.
Revision note — Bharatiya Sakshya Adhiniyam, 2023
• Replaced the Indian Evidence Act, 1872; assented to on 25 December 2023, in force from 1 July 2024 along with the BNS (in place of the IPC) and the BNSS (in place of the CrPC).
• It has 170 sections in 12 chapters, against 167 in the old Act.
• Key section numbers: admission defined — s.15; confession to a police officer not provable — s.23; previous judgments — ss.34 to 38; opinion of experts — s.39; oral evidence must be direct — s.55.
• Electronic and digital records are treated as documents (s.2) and as primary evidence (s.57); their admissibility and the certificate for them are in ss.61 to 63 (old s.65B).
• Burden of proof — s.104; presumption as to dowry death — s.118; estoppel — s.121; who may testify — s.124.
• Terms the Act does not define, such as electronic record and electronic signature, take their meaning from the Information Technology Act, 2000.
Do not mix these up
• Admission vs confession — every confession is an admission, but an admission of guilt in a criminal case is a confession (ss.22 to 24); admissions in general start at s.15.
• Section 39 vs Section 34 — s.39 is expert opinion; s.34 is where previous judgments become relevant.
Also asked from this topic: the law the BSA replaced (Indian Evidence Act, 1872); the number of sections in the BSA (170); the section that makes expert opinion relevant (Section 39).