The question (15 marks)
Explain the distinction between primary and secondary evidence, the cases in which secondary evidence may be given, and the changes the Bharatiya Sakshya Adhiniyam, 2023 has made for electronic records. (15 marks)
Module II, oral, documentary and electronic evidence
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Proof and Burden of Proof of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023).
Authorities you will need
- BSA ss. 56 to 60 (IEA ss. 61 to 65)
- BSA s. 57, Explanations 4 to 7
- BSA s. 60 and its Explanation on the kind of secondary evidence
- BSA s. 64 (IEA s. 66) and its six exemptions
- BSA s. 63 (IEA s. 65B) and the Schedule
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.