Indian Evidence Act / Bharatiya Sakshya Adhiniyam (BSA)

Indian Evidence Act / Bharatiya sakshya Adhiniyam

SECTION 45/39(1) – EXPERT OPINION

• 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.

SECTION 60/55 – ORAL EVIDENCE MUST BE DIRECT

• Oral evidence shall, in all cases whatever, be direct; if it refers to, -

• A fact which could be seen, it must be the evidence of a witness who says he saw it;

• A fact which could be heard, it must be the evidence of a witness who says he heard it;

• A fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that sense or in that manner;

• An opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds

SECTION 61 OF BSA(new) - Electronic or digital record.

• 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.

SECTION 65B/63 - Admissibility of electronic records.

• 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.

SECTION 137/142 – Examination of witnesses

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.