Unit 3 of Law of Evidence (Bharatiya Sakshya Adhiniyam 2023) (syllabus: Module III — who may testify; examination of witnesses; questions that may be put; credibility; the judge’s power to put questions; improper admission and rejection of evidence (BSA ss. 124–170; IEA ss. 118–167)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Who is competent to testify, and how is a witness who cannot speak examined?
- Who owns a privilege, and who can waive it?
- Must a witness answer a question that would incriminate him?
- What may be asked at each stage of examination?
- When is the answer to a question going to credit final?
- Is an improper admission or rejection of evidence a ground for a new trial?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Bharatiya Sakshya Adhiniyam, 2023, s. 124
- Bharatiya Sakshya Adhiniyam, 2023, s. 132
- Bharatiya Sakshya Adhiniyam, 2023, s. 137
- Bharatiya Sakshya Adhiniyam, 2023, s. 143
- Bharatiya Sakshya Adhiniyam, 2023, s. 156
- Bharatiya Sakshya Adhiniyam, 2023, s. 169
Leading cases
- No judgment is cited on this course; the nearest authority is the statute itself