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Lexis Nexis's The Bharatiya Sakshya Adhiniyam, 2023 ( BSA ) - 28th Edition 2024

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LexisNexis's "The Bharatiya Sakshya Adhiniyam, 2023 (BSA) - 28th Edition 2024" is a definitive guide to India's new evidence law. This edition offers comprehensive analysis, incorporating the BSA's latest amendments. It provides detailed commentary, case law, and practical insights, essential for legal professionals navigating the evolved evidentiary landscape.
No of pages

923

No of pages
Language

English

Language
Edition

28th Edition

Edition
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LexisNexis's The Bharatiya Sakshya Adhiniyam, 2023 (BSA) - 28th Edition 2024 is a meticulously updated and comprehensive guide to India's new evidentiary law, replacing the Indian Evidence Act of 1872. This edition offers an in-depth analysis of the BSA, providing legal practitioners, judges, law students, and researchers with a clear understanding of the evolving landscape of evidence law in India.

This book is intended for the following audience:

  • Legal Practitioners & Advocates: Those involved in criminal and civil litigation, requiring a thorough understanding of the BSA's provisions for effective case presentation.
  • Judges & Judicial Officers: To ensure accurate interpretation and application of the new evidentiary rules in judicial proceedings.
  • Law Students & Academics: A vital resource for learning and research, providing detailed commentary and case analysis.
  • Police Officers & Investigators: For understanding the admissibility of evidence during investigations and trials.
  • Corporate Legal Teams: For navigating legal compliance and managing evidence in corporate disputes.

The Present Publication is the 28th Edition | 2024 and has been updated to reflect the full implementation of The Bharatiya Sakshya Adhiniyam, 2023. This book is authored by expert legal scholars and practitioners, with the following noteworthy features:

  • [Comprehensive Analysis of the BSA]: Provides a detailed section-by-section analysis of the new Act, highlighting key changes and their implications.
  • [Comparative Study]: Offers a comparative analysis of the BSA with the repealed Indian Evidence Act, 1872, explaining the rationale behind the changes.
  • [Case Law Integration]: Incorporates relevant judicial pronouncements and landmark judgments, both pre and post BSA, to illustrate the practical application of the law.
  • [Digital Evidence Coverage]: Includes extensive coverage of digital and electronic evidence, addressing the challenges and complexities of admissibility in the digital age.
  • [Expert Commentary]: Features insightful commentary from legal experts, providing clarity on ambiguous provisions and offering practical guidance.
  • [Procedural Guidance]: Offers practical guidance on evidentiary procedures in court, including examination, cross-examination, and the admissibility of various forms of evidence.
  • [Updated with Latest Amendments]: Reflects all recent amendments and notifications, ensuring the book's currency and relevance.
  • [Detailed Index and Table of Cases]: Facilitates quick and easy reference to specific provisions and judicial precedents.

The coverage of the book is as follows:

  • Introduction to the BSA: Historical context, objectives, and key features of the new legislation.
  • Relevancy of Facts: Detailed examination of the rules regarding the relevancy of facts, including admissibility and exclusion of evidence.
  • Admissions and Confessions: Comprehensive analysis of the provisions relating to admissions, confessions, and their admissibility in criminal trials.
  • Statements by Persons Who Cannot Be Called as Witnesses: Discussion of dying declarations, statements against interest, and other exceptions to the hearsay rule.
  • Statements under Special Circumstances: Coverage of public documents, maps, plans, and other special forms of evidence.
  • Judgments of Courts of Justice: Analysis of the relevancy and admissibility of judgments in subsequent proceedings.
  • Opinions of Third Persons: Examination of expert opinions, character evidence, and other forms of opinion evidence.
  • Character of Parties: Discussion of the admissibility of character evidence in civil and criminal cases.
  • Oral Evidence: Rules regarding the admissibility and evaluation of oral testimony.
  • Documentary Evidence: Comprehensive coverage of primary and secondary evidence, public and private documents, and electronic records.
  • Exclusion of Oral by Documentary Evidence: The application of the rule against parol evidence.
  • Burden of Proof: Principles governing the burden of proof in civil and criminal proceedings.
  • Estoppel: Detailed analysis of the doctrine of estoppel and its application in various contexts.
  • Witnesses: Rules relating to the competency and compellability of witnesses, examination, and cross-examination.
  • Examination of Witnesses: Procedures for examining witnesses, including leading questions, refreshing memory, and impeaching credit.
  • Improper Admission and Rejection of Evidence: Legal consequences of improperly admitting or rejecting evidence.

The structure of the book is as follows:

  • Introductory Chapters: Provide an overview of the BSA, its historical context, and key objectives.
  • Substantive Law Chapters: Offer detailed analysis of the substantive provisions of the BSA, including relevancy, admissibility, and burden of proof.
  • Procedural Law Chapters: Cover the procedural aspects of evidence law, including the examination of witnesses and the presentation of evidence in court.
  • Specialized Chapters: Focus on specific areas of evidence law, such as digital evidence, expert opinions, and character evidence.
  • Appendices and References: Include relevant statutory provisions, case law summaries, and a comprehensive index.

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