BSA 23 POINTS

summarise with important points of learning for law students: THE BHARATIYA SAKSHYA ADHINIYAM, 2023 2. (1) In this Adhiniyam, unless the context otherwise requires,— (a) "Court" includes all Judges and Magistrates, and all persons, except arbitrators, legally authorised to take evidence; (b) "conclusive proof" means when one fact is declared by this Adhiniyam to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it; (c) "disproved" in relation to a fact, means when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist; (d) "document" means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records. Illustrations. (i) A writing is a document. (ii) Words printed, lithographed or photographed are documents. (iii) A map or plan is a document. (iv) An inscription on a metal plate or stone is a document. (v) A caricature is a document. (vi) An electronic record on emails, server logs, documents on computers, laptop or smartphone, messages, websites, locational evidence and voice mail messages stored on digital devices are documents; (e) "evidence" means and includes— (i) all statements including statements given electronically which the Court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry and such statements are called oral evidence; (ii) all documents including electronic or digital records produced for the inspection of the Court and such documents are called documentary evidence; (f) "fact" means and includes— (i) any thing, state of things, or relation of things, capable of being perceived by the senses; (ii) any mental condition of which any person is conscious. Illustrations. (i) That there are certain objects arranged in a certain order in a certain place, is a fact. (ii) That a person heard or saw something, is a fact. (iii) That a person said certain words, is a fact. (iv) That a person holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact; (g) "facts in issue" means and includes any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability or disability, asserted or denied in any suit or proceeding, necessarily follows. Explanation.—Whenever, under the provisions of the law for the time being in force relating to civil procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations. A is accused of the murder of B. At his trial, the following facts may be in issue:— (i) That A caused B's death. (ii) That A intended to cause B's death. (iii) That A had received grave and sudden provocation from B. (iv) That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature; (h) "may presume".—Whenever it is provided by thisAdhiniyam that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved or may call for proof of it; (i) "not proved".—A fact is said to be not proved when it is neither proved nor disproved; (j) "proved".—A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists; (k) "relevant".—A fact is said to be relevant to another when it is connected with the other in any of the ways referred to in the provisions of this Adhiniyam relating to the relevancy of facts; (l) "shall presume".—Whenever it is directed by this Adhiniyam that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

Summary of Important Learning Points from the Bharatiya Sakshya Adhiniyam, 2023

Court Definition:
- "Court" includes all Judges, Magistrates, and other individuals (except arbitrators) legally authorized to take evidence.
Conclusive Proof:
- When a fact is declared by the Adhiniyam to be conclusive proof of another, the Court must regard it as proved and cannot allow evidence to disprove it.
Disproved Fact:
- A fact is considered "disproved" if the Court, after reviewing the evidence, believes it doesn't exist or finds its non-existence highly probable.
Document Definition:
- A document includes any form of recorded matter (written, printed, electronic, digital records like emails, server logs, messages, etc.), used to record information.
Evidence:
- Includes oral statements (even given electronically) and documentary evidence (including digital or electronic records) presented before the Court.
Fact Definition:
- A "fact" includes anything perceived by the senses or a person's mental condition (e.g., objects, sensations, opinions, intentions).
Facts in Issue:
- Facts from which the existence, non-existence, or extent of a right, liability, or disability in a suit or proceeding can be inferred.
May Presume:
- The Court has the discretion to regard a fact as proved unless disproved or may request proof.
Not Proved:
- A fact is "not proved" when there is insufficient evidence to prove or disprove it.
Proved:
- A fact is "proved" if the Court, after considering the evidence, either believes in its existence or considers it probable enough for a reasonable person to assume it exists.
Relevant Facts:
- A fact is "relevant" if it is connected to another fact in a way specified in the Adhiniyam's provisions on the relevancy of facts.
Shall Presume:
- When the Adhiniyam directs the Court to "shall presume" a fact, it must treat the fact as proved unless disproved.

This act provides a structured framework for understanding terms like proof, evidence, and relevant facts, which are critical in legal proceedings. For law students, these definitions offer foundational knowledge for interpreting legal evidence and understanding judicial processes.

summarise with important points of learning : PART II CHAPTER II RELEVANCY OF FACTS 3. Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure. Illustrations. (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:— A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure, 1908. Closely connected facts 4. Facts which, though not in issue, are so connected with a fact in issue or a relevant fact as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations. (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the bystanders at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed, troops are attacked and jails are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not contain the libel itself. (d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to several intermediate persons successively. Each delivery is a relevant fact. 5. Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations. (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it, or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts. 6. (1) Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. (2) The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person, an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. Explanation 1.—The word "conduct" in this section does not include statements, unless those statements accompany and explain acts other than statements; but this explanation is not to affect the relevancy of statements under any other section of this Adhiniyam. Explanation 2.—When the conduct of any person is relevant, any statement made to him or in his presence and hearing, which affects such conduct, is relevant. Illustrations. (a) Ais tried for the murder of B. The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. (b) A sues B upon a bond for the payment of money. B denies the making of the bond. The fact that, at the time when the bond was alleged to be made, B required money for a particular purpose, is relevant. (c) A is tried for the murder of B by poison. The fact that, before the death of B, A procured poison similar to that which was administered to B, is relevant. (d) The question is, whether a certain document is the will of A. The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the provisions of the alleged will relate; that he consulted advocates in reference to making the will, and that he caused drafts of other wills to be prepared, of which he did not approve, are relevant. (e) A is accused of a crime. The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or concealed evidence, or prevented the presence or procured the absence of persons who might have been witnesses, or suborned persons to give false evidence respecting it, are relevant. (f) The question is, whether A robbed B. The facts that, after B was robbed, C said in A's presence—"the police are coming to look for the person who robbed B", and that immediately afterwards A ran away, are relevant. (g) The question is, whether A owes B ten thousand rupees. The facts that A asked C to lend him money, and that D said to C in A's presence and hearing—"I advise you not to trust A, for he owes B ten thousand rupees", and that A went away without making any answer, are relevant facts. (h) The question is, whether A committed a crime. The fact that A absconded, after receiving a letter, warning A that inquiry was being made for the criminal, and the contents of the letter, are relevant. (i) A is accused of a crime. The facts that, after the commission of the alleged crime, A absconded, or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. (j) The question is, whether A was raped. The fact that, shortly after the alleged rape, A made a complaint relating to the crime, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that, without making a complaint, A said that A had been raped is not relevant as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. (k) The question is, whether A was robbed. The fact that, soon after the alleged robbery, A made a complaint relating to the offence, the circumstances under which, and the terms in which, the complaint was made, are relevant. The fact that A said he had been robbed, without making any complaint, is not relevant, as conduct under this section, though it may be relevant as a dying declaration under clause (a) of section 26, or as corroborative evidence under section 160. 7. Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or a relevant fact, or which establish the identity of anything, or person whose identity, is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Illustrations. (a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the libel was published may be relevant facts as introductory to the facts in issue. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. (c) A is accused of a crime. The fact that, soon after the commission of the crime, A absconded from his house, is relevant under section 6, as conduct subsequent to and affected by facts in issue. The fact that, at the time when he left home, A had sudden and urgent business at the place to which he went, is relevant, as tending to explain the fact that he left home suddenly. The details of the business on which he left are not relevant, except in so far as they are necessary to show that the business was sudden and urgent. (d) A sues B for inducing C to break a contract of service made by him with A. C, on leaving A's service, says to A—"I am leaving you because B has made me a better offer". This statement is a relevant fact as explanatory of C's conduct, which is relevant as a fact in issue. (e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A's wife. B says as he delivers it—"A says you are to hide this". B's statement is relevant as explanatory of a fact which is part of the transaction. (f) Ais tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as explanatory of the nature of the transaction. 8. Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustration. Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the State. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Kolkata for a like object, D persuaded persons to join the conspiracy in Mumbai, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Singapore the money which C had collected at Kolkata, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were strangers to him, and although they may have taken place before he joined the conspiracy or after he left it. 9. Facts not otherwise relevant are relevant— (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations. (a) The question is, whether A committed a crime at Chennai on a certain day. The fact that, on that day, A was at Ladakh is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. 10. In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. 11. Where the question is as to the existence of any right or custom, the following facts are relevant— (a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from. Illustration. The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in whichA's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts. 12. Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Explanation 1.—A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but in reference to the particular matter in question. Explanation 2.—But where, upon the trial of a person accused of an offence, the previous commission by the accused of an offence is relevant within the meaning of this section, the previous conviction of such person shall also be a relevant fact. Illustrations. (a) Ais accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a particular stolen article. The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show that he knew each and all of the articles of which he was in possession to be stolen. (b) A is accused of fraudulently delivering to another person a counterfeit currency which, at the time when he delivered it, he knew to be counterfeit. The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit currency is relevant. The fact that A had been previously convicted of delivering to another person as genuine a counterfeit currency knowing it to be counterfeit is relevant. (c) A sues B for damage done by a dog of B's, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant. (d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of the payee was fictitious. The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a fictitious person. (e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B. The fact of previous publications by A respecting B, showing ill-will on the part of A towards B is relevant, as proving A's intention to harm B's reputation by the particular publication in question. The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as he heard it, are relevant, as showing that A did not intend to harm the reputation of B. (f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C, who was insolvent, suffered loss. The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours and by persons dealing with him, is relevant, as showing that A made the representation in good faith. (g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. A's defence is that B's contract was with C. The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C the management of the work in question, so that C was in a position to contract with B on C's own account, and not as agent for A. (h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether, when he appropriated it, he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as showing that A did not in good faith believe that the real owner of the property could not be found. The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of the notice did not disprove A's good faith. (i) A is charged with shooting at B with intent to kill him. In order to show A's intent, the fact of A's having previously shot at B may be proved. (j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved, as showing the intention of the letters. (k) The question is, whether A has been guilty of cruelty towards B, his wife. Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts. (l) The question is, whether A's death was caused by poison. Statements made by A during his illness as to his symptoms are relevant facts. (m) The question is, what was the state of A's health at the time when an assurance on his life was effected. Statements made by A as to the state of his health at or near the time in question are relevant facts. (n) A sues B for negligence in providing him with a car for hire not reasonably fit for use, whereby A was injured. The fact that B's attention was drawn on other occasions to the defect of that particular car is relevant. The fact that B was habitually negligent about the cars which he let to hire is irrelevant. (o) Ais tried for the murder of B by intentionally shooting him dead. The fact that A on other occasions shot at B is relevant as showing his intention to shoot B. The fact that A was in the habit of shooting at people with intent to murder them is irrelevant. (p) A is tried for a crime. The fact that he said something indicating an intention to commit that particular crime is relevant. The fact that he said something indicating a general disposition to commit crimes of that class is irrelevant. 13. When there is a question whether an act was accidental or intentional, or done with a particular knowledge or intention, the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Illustrations. (a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred, and after each of which fires A received payment from a different insurance company, are relevant, as tending to show that the fires were not accidental. (b) Ais employed to receive money from the debtors of B. It is A's duty to make entries in a book showing the amounts received by him. He makes an entry showing that on a particular occasion he received less than he really did receive. The question is, whether this false entry was accidental or intentional. The facts that other entries made by A in the same book are false, and that the false entry is in each case in favour of A, are relevant. (c) A is accused of fraudulently delivering to B a counterfeit currency. The question is, whether the delivery of the currency was accidental. The facts that, soon before or soon after the delivery to B, A delivered counterfeit currency to C, D and E are relevant, as showing that the delivery to B was not accidental.

Key Points of Learning from PART II, Chapter II: Relevancy of Facts in the Indian Evidence Act

General Rule of Evidence (Section 3):
- Evidence can be given on facts in issue and other facts declared relevant under the law.
- No person is allowed to give evidence on facts they are barred from by civil procedural law.
Closely Connected Facts (Section 4):
- Facts that are not directly in issue but are connected to the fact in issue or relevant fact form part of the same transaction and are admissible.
Cause and Effect (Section 5):
- Facts that are the occasion, cause, or effect of relevant facts or facts in issue are admissible as evidence.
Motive, Preparation, and Conduct (Section 6):
- Any fact that shows motive, preparation, or subsequent conduct relevant to a fact in issue is admissible. Statements affecting conduct can also be relevant.
Explanation of Facts (Section 7):
- Facts that explain or introduce relevant facts or establish the identity, time, or place of occurrence are relevant.
Conspiracy (Section 8):
- In cases of conspiracy, anything said, done, or written by co-conspirators in furtherance of the conspiracy is admissible against all members of the conspiracy.
Facts Inconsistent or Improbable (Section 9):
- Facts that are inconsistent with a fact in issue or relevant fact, or make such facts probable or improbable, are admissible.
Determination of Damages (Section 10):
- Facts that help the court determine the amount of damages in suits are relevant.
Existence of Rights or Custom (Section 11):
- Transactions or instances that support or dispute the existence of a right or custom are relevant.
State of Mind and Body (Section 12):

Facts showing the existence of a relevant state of mind (e.g., intent, negligence) or bodily condition are admissible when in issue.

Previous Commission of an Offense (Section 12, Explanation 2):

Prior convictions of an accused may be relevant to prove the intent or state of mind during the commission of a new offense.

These sections set out the rules for determining which facts are admissible in legal proceedings to establish the truth regarding the matter at issue.

summarise with key points of learning : 14. When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations. (a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant. Admissions 15. An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. 16. (1) Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. (2) Statements made by— (i) parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character; or (ii) (a) persons who have any proprietary or pecuniary interest in the subject matter of the proceeding, and who make the statement in their character of persons so interested; or (b) persons from whom the parties to the suit have derived their interest in the subject matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements. 17. Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration. A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. 18. Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration. The question is, whether a horse sold by A to B is sound. A says to B—"Go and ask C, C knows all about it". C's statement is an admission. 19. Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases, namely:— (1) an admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 26; (2) an admission may be proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable; (3) an admission may be proved by or on behalf of the person making it, if it is relevant otherwise than as an admission. Illustrations. (a) The question between A and B is, whether a certain deed is or is not forged. A affirms that it is genuine, B that it is forged. A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged; but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the deed is forged. (b) A, the captain of a ship, is tried for casting her away. Evidence is given to show that the ship was taken out of her proper course. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove these statements, because they would be admissible between third parties, if he were dead, under clause (b) of section 26. (c) A is accused of a crime committed by him at Kolkata. He produces a letter written by himself and dated at Chennai on that day, and bearing the Chennai post-mark of that day. The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under clause (b) of section 26. (d) A is accused of receiving stolen goods knowing them to be stolen. He offers to prove that he refused to sell them below their value. A may prove these statements, though they are admissions, because they are explanatory of conduct influenced by facts in issue. (e) A is accused of fraudulently having in his possession counterfeit currency which he knew to be counterfeit. He offers to prove that he asked a skilful person to examine the currency as he doubted whether it was counterfeit or not, and that person did examine it and told him it was genuine. A may prove these facts. 20. Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. 21. In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.—Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132. 22. A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him: Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant: Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. 23. (1) No confession made to a police officer shall be proved as against a person accused of any offence. (2) No confession made by any person while he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate shall be proved against him Provided that when any fact is deposed to as discovered in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a confession or not, as relates distinctly to the fact discovered, may be proved. 24. When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. Explanation I.—"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence. Explanation II.—A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section. Illustrations. (a) A and B are jointly tried for the murder of C. It is proved that A said—"B and I murdered C". The Court may consider the effect of this confession as against B. (b) Ais on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said—"A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried.

Key Points of Learning:

Relevant Facts in Business Transactions:
- When determining whether an act occurred, the existence of any business practice that suggests how the act would have naturally occurred is relevant.
- Example: Posting of a letter following the ordinary course of business can be considered relevant evidence.
Admissions in Legal Proceedings:
- An admission is a statement (oral, documentary, or electronic) that implies an inference about a relevant fact or fact in issue.
- Statements made by parties to the proceedings, their agents, or those with a pecuniary or proprietary interest can be treated as admissions.
- Admissions made by persons holding a specific position or liability are also relevant if they would otherwise be relevant as evidence against such persons.
Use of Third-Party Statements as Admissions:
- If a party refers to another person for information regarding a matter in dispute, the statements made by that third party can be treated as admissions.
Proving Admissions Against the Person Who Made Them:
- Admissions are generally relevant against the person who made them or their representative, but there are exceptions where the person making the admission can use it to their benefit.
Conditions for Admissibility of Oral Admissions:
- Oral admissions about the contents of a document are not admissible unless secondary evidence is allowed or the genuineness of the document is questioned.
Admissions in Civil Cases:
- Admissions made under an express or implied condition that they will not be used as evidence are irrelevant in civil cases unless an advocate is compelled to testify under certain sections of the law.
Confessions in Criminal Proceedings:
- Confessions are inadmissible if made under inducement, threat, or coercion unless it can be shown that the pressure has been removed.
- A confession made to a police officer or in police custody (without a magistrate's presence) cannot be used against the accused, except for facts discovered through the confession.
- Joint confessions may be considered against other defendants when tried together for the same offence.
Joint Trials and Confessions:
- When multiple persons are tried jointly for the same offence, confessions made by one person affecting both can be considered for both, under certain conditions.

contd: 25. Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. Statements by persons who cannot be called as witnesses 26. Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases, namely:— (a) when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question; (b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him; (c) when the statement is against the pecuniary or proprietary interest of the person making it, or when, if true, it would expose him or would have exposed him to a criminal prosecution or to a suit for damages; (d) when the statement gives the opinion of any such person, as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter had arisen; (e) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised; (f) when the statement relates to the existence of any relationship by blood, marriage or adoption between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are usually made, and when such statement was made before the question in dispute was raised; (g) when the statement is contained in any deed, will or other document which relates to any such transaction as is specified in clause (a) of section 11; (h) when the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question. Illustrations. (a) The question is, whether A was murdered by B; or A dies of injuries received in a transaction in the course of which she was raped. The question is whether she was raped by B; or the question is, whether A was killed by B under such circumstances that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and the actionable wrong under consideration, are relevant facts. (b) The question is as to the date of A's birth. An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day he attended A's mother and delivered her of a son, is a relevant fact. (c) The question is, whether A was in Nagpur on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day the solicitor attended A at a place mentioned, in Nagpur, for the purpose of conferring with him upon specified business, is a relevant fact. (d) The question is, whether a ship sailed from Mumbai harbour on a given day. A letter written by a deceased member of a merchant's firm by which she was chartered to their correspondents in Chennai, to whom the cargo was consigned, stating that the ship sailed on a given day from Mumbai port, is a relevant fact. (e) The question is, whether rent was paid to A for certain land. A letter from A's deceased agent to A, saying that he had received the rent on A's account and held it at A's orders is a relevant fact. (f) The question is, whether A and B were legally married. The statement of a deceased clergyman that he married them under such circumstances that the celebration would be a crime is relevant. (g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day is relevant. (h) The question is, what was the cause of the wreck of a ship. A protest made by the captain, whose attendance cannot be procured, is a relevant fact. (i) The question is, whether a given road is a public way. A statement by A, a deceased headman of the village, that the road was public, is a relevant fact. (j) The question is, what was the price of grain on a certain day in a particular market. A statement of the price, made by a deceased business person in the ordinary course of his business, is a relevant fact. (k) The question is, whether A, who is dead, was the father of B. A statement byA that B was his son, is a relevant fact. (l) The question is, what was the date of the birth of A. A letter from A's deceased father to a friend, announcing the birth of A on a given day, is a relevant fact. (m) The question is, whether, and when, A and B were married. An entry in a memorandum book by C, the deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact. (n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be proved. 27. Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable: Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine and the questions in issue were substantially the same in the first as in the second proceeding. Explanation.—A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section. Opinions of third persons when relevant 39. (1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Illustrations. (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant. (2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000, is a relevant fact. Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.

Key points of learning:

Course of Business as Relevant Fact: When determining whether an act was done, established business practices or procedures can be considered relevant evidence. For example, if it’s customary to post letters left in a specific place, the placement of a letter there can be relevant to show it was posted.
Admissions: Admissions are statements, whether oral, documentary, or electronic, that suggest an inference about a fact in issue or a relevant fact. They can be made by a party or their authorized agent. However, admissions are not conclusive proof but can prevent a party from denying certain facts (estoppel).
Persons Whose Statements Are Relevant: Statements from individuals who cannot testify due to death, incapacity, or other reasons may still be relevant if:
- They relate to the cause of death.
- They were made in the ordinary course of business.
- They concern financial or proprietary interests.
- They offer opinions on public rights, customs, or relationships (e.g., marriage, birth).
Confessions: A confession made under threat, inducement, or coercion is inadmissible unless the influence has been removed. Confessions made to police officers or while in police custody (unless before a magistrate) are also inadmissible, except when they lead to the discovery of a fact.
Opinions of Experts: The court may rely on expert opinions when determining matters related to foreign law, science, art, or the identity of handwriting or fingerprints. Experts in electronic evidence under the Information Technology Act are also considered authoritative in matters related to computer-based evidence.
Statements by Deceased or Missing Persons: Statements from persons who are dead or cannot be found may be admitted as evidence if they were made in the course of business or under circumstances involving public or family matters. These include memoranda, entries, or letters relevant to the case.
Statements in Previous Judicial Proceedings: Evidence given in a previous judicial proceeding is admissible if the witness is unavailable and if the parties and issues in both cases are substantially the same, ensuring fairness through prior cross-examination opportunities.
Judicial Exceptions to Oral Admissions: Oral admissions about the content of a document are typically not admissible unless secondary evidence of the document's content is allowed, or the genuineness of the document is disputed.

These principles aim to ensure that relevant facts, admissions, and expert opinions are effectively considered in court, even in cases where witnesses or documents are unavailable.

contd: CHAPTER V OF DOCUMENTARY EVIDENCE 56. The contents of documents may be proved either by primary or by secondary evidence. 57. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 3.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence. Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed. Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence. Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence. Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. 58. Secondary evidence includes— (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. 61. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document. 62. The contents of electronic records may be proved in accordance with the provisions of section 63. 63. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:— (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities. (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether— (a) in standalone mode; or (b) on a computer system; or (c) on a computer network; or (d) on a computer resource enabling information creation or providing information processing and storage; or (e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly. (4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:— (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3); (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule. (5) For the purposes of this section,— (a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3). 136. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production

The detailed provisions you’ve shared fall under the realm of Indian Evidence Law, focusing on admissibility and types of evidence in judicial proceedings, including documentary and electronic evidence. Here's a quick summary of the critical elements:

Documentary and Electronic Evidence:

Primary Evidence (Section 57): The document itself is produced for the inspection of the court. In the digital realm, this includes electronic records and digital files, including simultaneous or sequential storage in multiple files.
Secondary Evidence (Section 58): Certified copies, counterparts, oral accounts, and certain machine-made copies fall under secondary evidence, including examples of electronic records if the primary evidence is unavailable.
Admissibility of Electronic Evidence (Sections 61-63):
- Electronic and digital records are admissible like other documents.
- Conditions for proving electronic records as evidence (e.g., data regularity, integrity of the device, etc.).
- A certificate is required when submitting electronic records, describing the nature of the device, its functioning, and other relevant particulars. This certificate must be signed by the person in charge of the computer or device.
Protection of Sensitive Documents (Section 136): This section prohibits compelling anyone to produce documents or electronic records that others have the right to withhold unless consented to by the owner.

Would you like to dive deeper into any specific sections or provisions for your teaching materials, or would you like assistance in crafting questions on these topics?

give a detailed provisions in simple terms of teh following legal sections as a guide to legal practitioner : CHAPTER V OF DOCUMENTARY EVIDENCE 56. The contents of documents may be proved either by primary or by secondary evidence. 57. Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.—Where a document is executed in several parts, each part is primary evidence of the document. Explanation 2.—Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 3.—Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Explanation 4.—Where an electronic or digital record is created or stored, and such storage occurs simultaneously or sequentially in multiple files, each such file is primary evidence. Explanation 5.—Where an electronic or digital record is produced from proper custody, such electronic and digital record is primary evidence unless it is disputed. Explanation 6.—Where a video recording is simultaneously stored in electronic form and transmitted or broadcast or transferred to another, each of the stored recordings is primary evidence. Explanation 7.—Where an electronic or digital record is stored in multiple storage spaces in a computer resource, each such automated storage, including temporary files, is primary evidence. Illustration. A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original. 58. Secondary evidence includes— (i) certified copies given under the provisions hereinafter contained; (ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (iii) copies made from or compared with the original; (iv) counterparts of documents as against the parties who did not execute them; (v) oral accounts of the contents of a document given by some person who has himself seen it; (vi) oral admissions; (vii) written admissions; (viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents. Illustrations. (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original. (c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original. (d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original. 61. Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document. 62. The contents of electronic records may be proved in accordance with the provisions of section 63. 63. (1) Notwithstanding anything contained in this Adhiniyam, any information contained in an electronic record which is printed on paper, stored, recorded or copied in optical or magnetic media or semiconductor memory which is produced by a computer or any communication device or otherwise stored, recorded or copied in any electronic form (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely:— (a) the computer output containing the information was produced by the computer or communication device during the period over which the computer or communication device was used regularly to create, store or process information for the purposes of any activity regularly carried on over that period by the person having lawful control over the use of the computer or communication device; (b) during the said period, information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer or communication device in the ordinary course of the said activities; (c) throughout the material part of the said period, the computer or communication device was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation during that part of the period, was not such as to affect the electronic record or the accuracy of its contents; and (d) the information contained in the electronic record reproduces or is derived from such information fed into the computer or communication device in the ordinary course of the said activities. (3) Where over any period, the function of creating, storing or processing information for the purposes of any activity regularly carried on over that period as mentioned in clause (a) of sub-section (2) was regularly performed by means of one or more computers or communication device, whether— (a) in standalone mode; or (b) on a computer system; or (c) on a computer network; or (d) on a computer resource enabling information creation or providing information processing and storage; or (e) through an intermediary, all the computers or communication devices used for that purpose during that period shall be treated for the purposes of this section as constituting a single computer or communication device; and references in this section to a computer or communication device shall be construed accordingly. (4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things shall be submitted along with the electronic record at each instance where it is being submitted for admission, namely:— (a) identifying the electronic record containing the statement and describing the manner in which it was produced; (b) giving such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer or a communication device referred to in clauses (a) to (e) of sub-section (3); (c) dealing with any of the matters to which the conditions mentioned in sub-section (2) relate, and purporting to be signed by a person in charge of the computer or communication device or the management of the relevant activities (whichever is appropriate) and an expert shall be evidence of any matter stated in the certificate; and for the purposes of this sub-section it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it in the certificate specified in the Schedule. (5) For the purposes of this section,— (a) information shall be taken to be supplied to a computer or communication device if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment; (b) a computer output shall be taken to have been produced by a computer or communication device whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment or by other electronic means as referred to in clauses (a) to (e) of sub-section (3). 136. No one shall be compelled to produce documents in his possession or electronic records under his control, which any other person would be entitled to refuse to produce if they were in his possession or control, unless such last-mentioned person consents to their production

Here’s a simplified guide to the legal provisions you've shared, tailored for a legal practitioner’s use:

Chapter V - Documentary Evidence

Section 56 - Proof of Contents of Documents

Key Point: The contents of a document can be proven either by primary evidence (the document itself) or by secondary evidence (such as a certified copy or oral testimony about the document).

Section 57 - Definition of Primary Evidence

Primary Evidence:
- The document itself must be produced for court inspection.
- If a document is made in multiple parts, each part is primary evidence of the document.
- If a document is made in counterparts (each signed by different parties), each counterpart is primary evidence for the party that signed it.
- For printed or reproduced documents, such as lithographs or photographs, each copy is primary evidence of the other copies. But none of these copies is considered primary evidence of the original document.
For Electronic/Digital Records:
- Digital files stored in multiple places (like cloud storage or hard drives) are each considered primary evidence.
- Proper custody of an electronic record (such as email servers) means it can be presented as primary evidence unless its authenticity is disputed.
- Simultaneous recordings (e.g., live video recording saved on multiple devices) are all considered primary evidence.

Section 58 - Definition of Secondary Evidence

Secondary evidence can be used when primary evidence is unavailable. This includes:

Certified copies of documents.
Copies produced through mechanical processes (like photocopying), provided they are accurate.
Oral accounts from someone who has seen the original.
Written or oral admissions about the content of the document.
Expert reports on large documents (e.g., accounts) that are too voluminous to produce in court.
Illustrations:
- A photograph of a document is secondary evidence, even if not directly compared to the original, provided it’s proven the original was photographed.
- A copy made by a copying machine from the original can be secondary evidence if the machine-produced copy is shown to have been made from the original.

Section 61 - Admissibility of Electronic and Digital Records

Key Point: Digital records cannot be refused as evidence simply because they are in electronic form. Digital documents (emails, PDFs, etc.) are treated like any other document and are admissible as long as they meet certain conditions (explained in Section 63).

Section 62 - Proof of Electronic Records

Key Point: The contents of electronic records can be proven through the guidelines laid down in Section 63. This section ensures that electronic evidence can be presented under certain conditions without needing the physical original.

Section 63 - Admissibility of Electronic Records as Documents

This section lays down the conditions under which electronic records are considered documents and can be used as evidence.

Electronic Records as Documents:
- Any information stored in electronic form (such as on computers, smartphones, hard drives) is considered a document if certain conditions are met.
Conditions for Admissibility:
- The electronic record was produced in the normal course of business, using a computer or device controlled by the person submitting the evidence.
- The record was regularly fed into the computer/device as part of normal activities.
- The computer or device was functioning properly at the time the data was recorded. If not, any issues must not have affected the reliability of the record.
- The record reflects the information that was entered into the system in the ordinary course of activities.
Multiple Computers or Networks:
- If the data was processed through multiple computers or networks, they are all considered part of the same system. This allows evidence produced from a network or cloud storage to be admissible as a single electronic record.
Certification:
- To present an electronic record as evidence, a certificate must be submitted. This certificate should:
  - Identify the record and describe how it was produced.
  - Provide details about the devices used to create or store the record.
  - Confirm that the conditions (outlined above) were met. The certificate must be signed by the person responsible for managing the device or system.
- The person signing the certificate only needs to confirm these details to the best of their knowledge.
Electronic Outputs:
- If information is sent to or created by a computer (even indirectly), it is still considered to have been produced by that computer.
- Similarly, if a record is printed or copied from a computer or other device, it is treated as having been created by the original computer/device.

Section 136 - Protection Against Compulsory Production of Documents

Key Point: A person cannot be forced to produce a document or electronic record if another person is legally entitled to refuse to produce it. In other words, you can’t be forced to produce documents or electronic records that belong to someone else unless they consent to it.

These provisions simplify the handling and admissibility of documentary and electronic evidence in legal proceedings. They ensure that both traditional and digital records are treated with equal weight, as long as they meet certain criteria, making them crucial for legal practitioners in today's digital age.

detailed points of action in simple language for legal practitioner based on following sections : CHAPTER X OF EXAMINATION OF WITNESSES 140. The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court. 141. (1) When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. (2) If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. (3) If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations. (a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 26. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. (b) It is proposed to prove, by a copy, the contents of a document said to be lost. The fact that the original is lost must be proved by the person proposing to produce the copy, before the copy is produced. (c) A is accused of receiving stolen property knowing it to have been stolen. It is proposed to prove that he denied the possession of the property. The relevancy of the denial depends on the identity of the property. The Court may, in its discretion, either require the property to be identified before the denial of the possession is proved, or permit the denial of the possession to be proved before the property is identified. (d) It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue. There are several intermediate facts B, C and D which must be shown to exist before the fact A can be regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B, C or D is proved, or may require proof of B, C and D before permitting proof of A. 142. (1) The examination of a witness by the party who calls him shall be called his examination-in-chief. (2) The examination of a witness by the adverse party shall be called his cross-examination. (3) The examination of a witness, subsequent to the cross-examination, by the party who called him, shall be called his re-examination. 143. (1) Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. (2) The examination-in-chief and cross-examination must relate to relevant facts, but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. (3) The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter. 144. A person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. 158. The credit of a witness may be impeached in the following ways by the adverse party, or, with the consent of the Court, by the party who calls him— (a) by the evidence of persons who testify that they, from their knowledge of the witness, believe him to be unworthy of credit; (b) by proof that the witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his evidence; (c) by proof of former statements inconsistent with any part of his evidence which is liable to be contradicted. Explanation.—A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be charged with giving false evidence. Illustrations. (a) A sues B for the price of goods sold and delivered to B. C says that he delivered the goods to B. Evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B. The evidence is admissible. (b) A is accused of the murder of B. C says that B, when dying, declared that A had given B the wound of which he died. Evidence is offered to show that, on a previous occasion, C said that B, when dying, did not declare that A had given B the wound of which he died. The evidence is admissible. 165. (1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility: Provided that the validity of any such objection shall be decided on by the Court. (2) The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility. (3) If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 198 of the Bharatiya Nyaya Sanhita, 2023: Provided that no Court shall require any communication between the Ministers and the President of India to be produced before it

Here’s a simplified action guide for legal practitioners based on the provided sections of Chapter X - Examination of Witnesses:

Section 140: Order of Witnesses

Key Point: Witnesses should be produced and examined according to the procedure set by law. If there is no law, the court decides the order of examination.
Action: Familiarize yourself with the law and practice for civil and criminal procedures or defer to the court's discretion when there is no clear guideline.

Section 141: Relevance of Evidence

Key Point: The judge has the discretion to ask how proposed evidence is relevant. If the judge is satisfied with its relevance, the evidence is admitted.
Action: Be prepared to explain why the evidence is relevant before presenting it.
Action (Complex Facts): If one fact relies on proving another, you may need to establish the first fact before presenting the subsequent fact, or vice versa, based on the judge's decision.

Section 142: Examination Types

Key Point: There are three types of witness examinations:
1. Examination-in-chief: Done by the party that calls the witness.
2. Cross-examination: Done by the opposing party.
3. Re-examination: Done by the party who initially called the witness, after cross-examination.
Action: Follow the sequence: examination-in-chief, cross-examination, and then re-examination.

Section 143: Examination Sequence

Key Point:
- Witnesses are first examined-in-chief, then cross-examined by the opposing side, and then re-examined by the party calling them, if necessary.
- Cross-examination can cover any relevant facts, not just those discussed during the examination-in-chief.
- Re-examination should only clarify points from the cross-examination unless the court allows new matters.
Action: Make sure the examination sequence is respected and use re-examination to explain or clarify any points brought up during cross-examination.

Section 144: Producing Documents

Key Point: Simply producing a document does not make someone a witness. They can only be cross-examined if they are called as a witness.
Action: Understand that a person bringing a document cannot be cross-examined unless they testify as a witness.

Section 158: Impeaching the Witness’s Credibility

Key Point: A witness’s credibility can be challenged in three ways:
1. By bringing witnesses who believe the original witness is untrustworthy.
2. By proving the original witness accepted a bribe or corrupt inducement.
3. By proving the original witness previously made contradictory statements.
Action: If questioning a witness’s credibility, consider using these strategies to impeach their testimony.

Section 165: Producing Documents

Key Point:
- A witness summoned to produce a document must bring it to court, but the court will decide whether it is admissible.
- The court can inspect the document or take evidence to determine admissibility.
- For confidential documents, especially those involving state matters, the court may direct translators to maintain secrecy.
Action: Prepare documents for production when summoned, but be ready to argue for or against their admissibility, depending on the situation.
Special Action (Confidentiality): If translating a sensitive document, comply with confidentiality requirements.

By following these points, you can ensure compliance with the provisions regarding the examination of witnesses and the handling of evidence during legal proceedings.

HOW ARE FUNDAMENTAL RIGHTS DIFFERENT FROM UNIVERSAL DECLARATION OF HUMAN RIGHTS

Fundamental Rights and the Universal Declaration of Human Rights (UDHR) are both vital concepts in the protection of human dignity, but they differ in several ways. Here’s how they are distinct:

1. Legal Status

Fundamental Rights:
- These are constitutionally guaranteed rights provided to the citizens of a specific country.
- They are legally enforceable by courts. In India, for example, if someone's Fundamental Rights are violated, they can approach the courts directly (Article 32 of the Constitution).
UDHR:
- The UDHR is an international declaration adopted by the United Nations in 1948.
- It is not legally binding. It serves as a guideline or moral framework for countries but does not impose legal obligations on states.

2. Scope

Fundamental Rights:
- These rights apply specifically to the citizens or residents of a country as per its constitution. For instance, India’s Fundamental Rights primarily apply to its citizens, with some rights extending to non-citizens as well.
UDHR:
- The UDHR is universal, applying to all human beings irrespective of nationality. It represents the global consensus on human rights that everyone is entitled to.

3. Content and Specificity

Fundamental Rights:
- These rights are typically limited in scope compared to international standards, depending on the national constitution. For example, India’s Fundamental Rights focus on civil and political rights like equality, freedom of speech, religion, etc.
- They are tailored to a nation’s legal, social, and cultural context.
UDHR:
- The UDHR provides a broad and comprehensive list of rights, including civil, political, economic, social, and cultural rights (e.g., right to work, right to education, and right to an adequate standard of living).
- It emphasizes global human rights standards.

4. Enforcement Mechanism

Fundamental Rights:
- These rights are enforceable through national courts. For example, in India, the Supreme Court and High Courts ensure the protection of Fundamental Rights.
UDHR:
- There is no direct enforcement mechanism for the UDHR. However, the UN and other international bodies, like the Human Rights Council, monitor compliance, but they cannot compel states to follow the UDHR.

5. Derivation and Jurisdiction

Fundamental Rights:
- These are derived from a country's constitution and can vary from country to country.
- Jurisdiction lies within the domestic courts.
UDHR:
- The UDHR is derived from international consensus on human rights after World War II and represents the global framework.
- Jurisdiction or monitoring comes from international organizations.

6. Amendability

Fundamental Rights:
- In most countries, Fundamental Rights can be amended or restricted through a constitutional process, though it is usually challenging (e.g., in India, certain restrictions can be imposed on rights for reasons like national security).
UDHR:
- The UDHR is a declaration, not a formal treaty, so it remains the same unless a new global consensus is reached to modify or replace it.

7. Examples:

Fundamental Rights (India):
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right to Constitutional Remedies (Article 32)
UDHR Rights:
- Right to Life, Liberty, and Security of Person (Article 3)
- Right to Education (Article 26)
- Right to Participate in Government (Article 21)

Summary:

Fundamental Rights: National, legally enforceable, narrower scope, specific to the constitution of a country.
UDHR: International, non-binding, broader scope, representing universal human rights principles.

In essence, Fundamental Rights are constitutionally guaranteed protections that can vary by country, while the UDHR sets forth a broader, universal standard for human rights, serving as a global guideline without direct legal enforceability.

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BSA 23 POINTS

Key Points of Learning from PART II, Chapter II: Relevancy of Facts in the Indian Evidence Act

Key Points of Learning:

Documentary and Electronic Evidence:

Chapter V - Documentary Evidence

Section 56 - Proof of Contents of Documents

Section 57 - Definition of Primary Evidence

Section 58 - Definition of Secondary Evidence

Section 61 - Admissibility of Electronic and Digital Records

Section 62 - Proof of Electronic Records

Section 63 - Admissibility of Electronic Records as Documents

Section 136 - Protection Against Compulsory Production of Documents

Section 140: Order of Witnesses

Section 141: Relevance of Evidence

Section 142: Examination Types

Section 143: Examination Sequence

Section 144: Producing Documents

Section 158: Impeaching the Witness’s Credibility

Section 165: Producing Documents

1. Legal Status

2. Scope

3. Content and Specificity

4. Enforcement Mechanism

5. Derivation and Jurisdiction

6. Amendability

7. Examples:

Summary:

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BSA 23 POINTS

You said:

ChatGPT said:

You said:

ChatGPT said:

Key Points of Learning from PART II, Chapter II: Relevancy of Facts in the Indian Evidence Act

You said:

ChatGPT said:

Key Points of Learning:

You said:

ChatGPT said:

You said:

ChatGPT said:

Documentary and Electronic Evidence:

You said:

ChatGPT said:

Chapter V - Documentary Evidence

Section 56 - Proof of Contents of Documents

Section 57 - Definition of Primary Evidence

Section 58 - Definition of Secondary Evidence

Section 61 - Admissibility of Electronic and Digital Records

Section 62 - Proof of Electronic Records

Section 63 - Admissibility of Electronic Records as Documents

Section 136 - Protection Against Compulsory Production of Documents

You said:

ChatGPT said:

Section 140: Order of Witnesses

Section 141: Relevance of Evidence

Section 142: Examination Types

Section 143: Examination Sequence

Section 144: Producing Documents

Section 158: Impeaching the Witness’s Credibility

Section 165: Producing Documents

You said:

ChatGPT said:

1. Legal Status

2. Scope

3. Content and Specificity

4. Enforcement Mechanism

5. Derivation and Jurisdiction

6. Amendability

7. Examples:

Summary:

Comments

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Popular posts from this blog

cyber security digital forensics trends

S1-3 MSc CRIME SCENE MANAGEMENT : SHARADA AVADHANAM