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Evidence (BSA) · Unit 1

Relevancy of Facts

Unit 1 of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023) (syllabus: Module I — introduction and applicability; definitions; res gestae; motive, preparation and conduct; conspiracy; state of mind and body; admissions and confessions; statements by persons who cannot be called as witnesses; judgments; opinions of third parties; character (BSA ss. 1–50; IEA ss. 1–55)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.

What this unit covers

  • Is relevance in the Adhiniyam a test of logical connection?
  • What makes a fact part of the same transaction under the res gestae section?
  • When is conduct relevant, and when is a statement conduct?
  • What must be shown before one conspirator's words bind another?
  • How does the Adhiniyam stop evidence of state of mind becoming evidence of bad disposition?
  • Why may a party prove an admission against his opponent but not for himself?
  • When is a confession made to or in the presence of the police provable?
  • What does the Adhiniyam require of a dying declaration?
  • Which judgments may be proved, and what do they prove?
  • How is character evidence controlled in criminal and civil proceedings?

Treat that list as a self-test: recite each topic's rule from memory before you open its cases.

Provisions

Leading cases

  • No judgment is cited on this course; the nearest authority is the statute itself

Exam questions on this unit

In this paper