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India · 3rd Year · Law of Evidence (BSA / IEA)

Core Rules & Cases

Confessions, dying declarations, electronic records.

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  1. 1.What replaced the Indian Evidence Act, 1872 and from when?

    The Bharatiya Sakshya Adhiniyam, 2023 (BSA), in force from 1 July 2024.

    BSA 2023

  2. 2.Under IEA s 25, is a confession to a police officer admissible?

    No. A confession made to a police officer cannot be proved against the accused.

    Indian Evidence Act 1872, s 25

  3. 3.Pulukuri Kottaya v Emperor (1947) — interpreting s 27 IEA?

    Only that part of the information which distinctly relates to the fact discovered (the place, the object and the accused's knowledge of it) is admissible.

    AIR 1947 PC 67

  4. 4.Khushal Rao v State of Bombay (1958) — dying declarations?

    A dying declaration that is true and voluntary can be the sole basis of conviction without corroboration (IEA s 32(1); now BSA s 26).

    AIR 1958 SC 22

  5. 5.Anvar P.V. v P.K. Basheer (2014) — held?

    A certificate under s 65B(4) IEA is mandatory for secondary electronic evidence; reaffirmed in Arjun Panditrao Khotkar v Kailash Gorantyal (2020). The BSA equivalent is s 63.

    (2014) 10 SCC 473; (2020) 7 SCC 1

  6. 6.IEA s 101 — burden of proof?

    Whoever desires a court to give judgment as to a legal right dependent on facts must prove that those facts exist.

    Indian Evidence Act 1872, s 101